Authorities as the decision cited them, with how this panel applied each one.
Lab. Code § 5909
A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board. Service of the accompanying report constitutes notice of transmission.
The Board found that service of the Report and transmission of the case to the Appeals Board on March 7, 2025, provided the required notice and commenced the 60-day period.
From the decision · page 4Here, according to the proof of service for the Report and Recommendation by the workers'
compensation administrative law judge, the Report was served on March 7, 2025, and the case was
transmitted to the Appeals Board on March 7, 2025. Service of the Report and transmission of the
case to the Appeals Board occurred on the same day. Thus, we conclude that the parties were
provided with the notice of transmission required by section 5909(b)(1) because service of the
Report in compliance with section 5909(b)(2) provided them with actual notice as to the
commencement of the 60-day period on March 7, 2025.
Lab. Code § 5803
The Board has continuing jurisdiction to rescind, alter, or amend any order, decision, or award upon notice and after opportunity to be heard, good cause appearing therefor.
The Board cited its continuing jurisdiction to alter or amend orders, emphasizing the need for notice and opportunity to be heard.
From the decision · page 4II.
"The appeals board has continuing jurisdiction over all its orders, decisions, and awards
made and entered under the provisions of [Division 4]... At any time, upon notice and after the
opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or
amend any order, decision, or award, good cause appearing therefor." (Lab. Code, § 5803.)
Article XIV, section 4 of the California Constitution mandates that the workers'
compensation law shall be carried out "...to the end that the administration of such legislation shall
accomplish substantial justice in all cases expeditiously, inexpensively, and without incumbrance
of any character..." Based on the constitutional mandate to accomplish substantial justice, the
Board has a duty to develop an adequate record. (Tyler v. Workers' Comp. Appeals Bd. (1997) 56
Cal.App.4th 389, 394-395 [62 Cal.Comp.Cases 924]; McClune v. Workers' Comp. Appeals Bd.
(1998) 62 Cal.App.4th 1117, 1120 [63 Cal.Comp.Cases 261].) Moreover, "[t]he Board `is bound
by the due process clause of the Fourteenth Amendment to the United States Constitution to give
Beverly Hills Multispecialty Group, Inc. v. Workers' Comp. Appeals Bd. (1994) 26 Cal.App.4th 789
A lien claimant must be served with notice of all hearings, and denial of a lien claim without an opportunity for a fair hearing is reversible per se.
The Board emphasized the due process right of lien claimants to notice and a fair hearing before dismissal of a lien.
From the decision · page 6A lien claimant has a due process right to participate in a workers' compensation hearing,
and must be informed of the scope and purpose of any hearing that may affect its rights or
liabilities. (Beverly Hills Multispecialty Group, Inc. v. Workers' Comp. Appeals Bd. (1994) 26
Cal.App.4th 789, 803, 805-806 [59 Cal.Comp.Cases 461].) A lien claimant must be served with
notice of all hearings. (Id., at pp. 803-804; Fox v. Workers' Comp. Appeals Bd. (1992) 4
Cal.App.4th 1196, 1205-1206 [57 Cal.Comp.Cases 149]; See also, Lab. Code, § 5504; Cal. Code
Regs., tit. 8, § 10750(a).) A lien claimant must be permitted to present relevant evidence, inspect
documents, cross-examine witnesses, and make reasonable objections. (Beverly Hills
Multispecialty Group, supra, 26 Cal.App.4th at p. 804.) The denial of a lien claim without the lien
claimant having been provided with an opportunity for a fair hearing is reversible per se. (Id., at
p. 806 ["if the denial of due process prevents a party from having a fair hearing, the denial of due
process is reversible per se"].)
Cal. Code Regs., tit. 8, § 10888(c)
A dismissal for failure to appear at a hearing shall only issue if the lien claimant was provided with notice of the lien conference or trial.
The Board noted that dismissal of a lien for nonappearance requires proof that the lien claimant was provided notice of the hearing.
From the decision · page 6WCAB Rule 10875 requires that all defendants and lien claimants must appear at all lien
conferences. (Cal. Code Regs., tit. 8, § 10875.) When a lien claimant fails to appear, the WCJ may
issue an NIT pursuant to WCAB Rule 10888, or may defer the lien. WCAB Rule 10888(c) states
that "A dismissal for failure to appear at a hearing shall only issue if the lien claimant was provided
with notice of the lien conference or trial." (Cal. Code Regs., tit. 8, § 10888(c).)