What the panel ordered
Petition for Reconsideration granted; November 23, 2020 Order to Dismiss Liens rescinded; matter returned to WCJ for further proceedings and decision.
Petition for Reconsideration filed by lien claimant Oscar Galdamez against the WCJ's November 23, 2020 Order to Dismiss Liens, granted by the WCAB panel, rescinding the dismissal 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 dismissal was based on failure to appear and lack of notice to lien claimant's attorneys, but the attorneys did appear and were not served the notice of intent, violating procedural and ethical rules. The WCAB panel granted reconsideration to ensure justice and proper procedure.
From the decision · page 1We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ's report, which we adopt and incorporate, we will grant reconsideration, rescind the WCJ's November 23, 2020 Order to Dismiss Liens, and return this matter to the WCJ for further proceedings and decision.1 This is not a final decision on the merits of any issues raised in the petition and any aggrieved person may timely seek reconsideration of the WCJ's new decision.