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 (Lab. Code, 5909).
The Appeals Board acted timely on the petition within 60 days of transmission.
From the decision · page 2I.
Preliminarily, former Labor Code2 section 5909 provided that a petition for reconsideration
was deemed denied unless the Appeals Board acted on the petition within 60 days from the date
Cal. Code Regs., tit. 8, 10875(b)
If a lien claimant fails to appear at a lien conference, the workers compensation judge may issue a notice of intention to dismiss consistent with rule 10888 (Cal. Code Regs., tit. 8, 10875(b)).
The WCJ issued a Notice of Intention to Dismiss Lien due to Oracle's failure to appear.
From the decision · page 2Oracle did not attend the
hearing.
On November 20, 2024, defendant filed a Notice of Intent to Dismiss pursuant to WCAB
Rule 10770.1 seeking dismissal of Oracle's lien due to their alleged failure to attend the November
4, 2024 Lien Conference. 1
On December 3, 2024, the WCJ issued a Notice of Intention to Dismiss Lien pursuant to
"CCR 10888 and CCR 10875(b)" noting an intent to dismiss Oracle's lien "absent an objection
showing good cause" within 10 days.
Oracle did not file an objection.
On December 23, 2024, the WCJ issued an Order Dismissing Lien. The Order was issued
pursuant to a "Notice of Intention dated 11/27/2024 and served 12/03/24" and based upon Oracle's
failure to issue an "objection within the time allowed[.]"
Cal. Code Regs., tit. 8, 10888(a)
The Appeals Board or a workers' compensation judge may order a lien dismissed for lack of prosecution, non-appearance by the lien claimant or failure to comply with the provisions of the Labor Code (Cal. Code Regs., tit. 8, 10888(a)).
The WCJ dismissed Oracle's lien for failure to appear and failure to object within the time allowed.
From the decision · page 2Oracle did not attend the
hearing.
On November 20, 2024, defendant filed a Notice of Intent to Dismiss pursuant to WCAB
Rule 10770.1 seeking dismissal of Oracle's lien due to their alleged failure to attend the November
4, 2024 Lien Conference. 1
On December 3, 2024, the WCJ issued a Notice of Intention to Dismiss Lien pursuant to
"CCR 10888 and CCR 10875(b)" noting an intent to dismiss Oracle's lien "absent an objection
showing good cause" within 10 days.
Oracle did not file an objection.
On December 23, 2024, the WCJ issued an Order Dismissing Lien. The Order was issued
pursuant to a "Notice of Intention dated 11/27/2024 and served 12/03/24" and based upon Oracle's
failure to issue an "objection within the time allowed[.]"