What the panel ordered
The WCAB rescinded the February 10, 2020 Order Dismissing Lien and returned the matter to the WCJ for further proceedings consistent with the opinion and to issue a new decision.
Lien claimant sought reconsideration of the Order Dismissing Lien issued by the WCJ on February 10, 2020, which was dismissed without a hearing and without a summary of evidence, leading to the WCAB rescinding the order and remanding for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ's dismissal of the lien without a hearing or evidentiary record violated due process and statutory requirements, necessitating rescission and remand for further proceedings.
From the decision · page 3The statutory and regulatory duties of a WCJ include the issuance of a decision that complies with Labor Code section 5313.3 A WCJ is required to "make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; see also Blackledge v. Bank of America, ACE American Insurance Company (Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals Bd. en banc).)