What the panel ordered
Petition for reconsideration dismissed; petition for removal denied; matter returned to trial level for further proceedings.
Lien claimant petitioned for reconsideration/removal of a Minutes of Hearing (MOH) that stated a lien settlement had occurred; the WCJ recommended dismissal as the MOH was not a final order and no prejudice resulted.
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 MOH did not constitute a final order approving or disapproving the lien settlement, so reconsideration is not available.
No binding settlement existed and no significant prejudice or irreparable harm resulted from the MOH; lien claimant can file a Declaration of Readiness to Proceed.
From the decision · page 3Based on our independent review of the record in this matter, we are not persuaded that this case presents extraordinary circumstances justifying removal. Specifically, because the WCJ's MOH did not actually approve a lien settlement, no effective, i.e., binding, settlement exists that would subject lien claimant to significant prejudice or irreparable harm absent removal. The only effect of the MOH was to take the matter off calendar. Lien claimant need only file a Declaration of Readiness to Proceed to a lien trial so that it may obtain due process and present evidence on its claim(s). (San Bernardino Community Hospital v. Workers' Comp. Appeals Bd. (1999) 74 Cal.App.4th 928, 936 [64 Cal.Comp.Cases 986] ["The essence of due process is simply notice and the opportunity to be heard."].)