Fox

Petitioner, J. DeWitt Fox, M.D., filed a series of medical liens from 1979 to 1987 for treatment of an industrially injured employee, Allen Hudson. The treatment included back surgery. The unpaid medical bills totalled approximately $59,253.17. Since 1987, Dr. Fox has been unable to obtain a hearing on the merits of his medical lien claim before a workers’ compensation judge (WCJ). We issued a writ of review. We annul the order of respondent Workers’ Compensation Appeals Board (Board) denying Dr. Fox relief from default, and remand to the Board with directions.

Procedural History

The procedural facts are complex, and the record reconstituted by the Board in this case is not complete. On March 19, 1979, applicant, Allen Hudson, bom January 23, 1949, sustained an industrial injury to his back while employed as a custodian by the Bekins Company (Bekins). On May 19, 1979, Hudson sustained further injury to his back in an automobile accident that occurred while he was on his way for medical treatment for the industrial injury. At some point in time he filed an application for workers’ compensation benefits, and some temporary disability benefits and medical treatment were…