What the panel ordered
Petition for reconsideration granted, order dismissing lien rescinded, and matter returned to trial level for further proceedings.
Lien claimant sought reconsideration of WCJ's order dismissing its lien for failure to appear at a lien conference.
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 NOI to dismiss was substantively defective and void because there was no evidence in the record to support the alleged non-appearance by petitioner, and due process requires notice and an opportunity to be heard before dismissal.
From the decision · page 3The NOI stated that the basis for dismissal was petitioner's "fail[ure] to appear for...conference/hearing on 09/26/2023"; however, upon review, there is nothing in the record to support this statement. The only evidence related to the September 26, 2023 lien conference consists of the Minutes of Hearing (MOH) issued that day; however, nowhere in the MOH did the WCJ note the alleged non-appearance by petitioner (or its representative). (Minutes of Hearing (MOH), September 26, 2023.) Absent an evidentiary basis for the NOI, the NOI was substantively defective and void ab initio, or from the start. Because the NOI was invalid, so was the resultant Order Dismissing.