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The WCAB rescinded the February 10, 2020 Order Dismissing Lien and returned the matter to the WCJ for further proceedings consistent with the opinion and to issue a new decision.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).)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ issued the Order dismissing the lien without a hearing, no minutes were filed, no testimony was taken, and no summary of evidence was provided.
Favours Applicant prevailed
This procedural deficiency prevented evaluation of the basis of the Order and violated due process rights, leading to rescission and remand.
From the decision · page 4Here, the February 10, 2020 Order issued without a hearing, no minutes were filed, no testimony was taken. In addition, the WCJ does not provide a summary of the evidence relied on. In the absence of an evidentiary record, we are unable to evaluate the basis of the WCJ's Order. Therefore, we must return this matter to the trial level for further proceedings.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5313, 5502; Cal. Code Regs., tit. 8, § 10761; Blackledge v. Bank of America, ACE American Insurance Company (2010) 75 Cal.Comp.Cases 613
A WCJ must 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, including a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made.
The WCJ's Order dismissing the lien failed to comply with these requirements as it was issued without a hearing and without a summary of evidence.
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).)
What proof carried it
The evidence the panel weighed, by kind.
No hearing was held, no testimony taken, no minutes filed, and no summary of evidence was provided in the WCJ's Order dismissing the lien.
From the decision · page 4Here, the February 10, 2020 Order issued without a hearing, no minutes were filed, no testimony was taken. In addition, the WCJ does not provide a summary of the evidence relied on. In the absence of an evidentiary record, we are unable to evaluate the basis of the WCJ's Order. Therefore, we must return this matter to the trial level for further proceedings.
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About this page
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