CompFox AI Summary
The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration after their lien was dismissed with prejudice for failing to appear at a lien conference. The lien claimant argued they did not receive notice, but the Board found sufficient evidence of mailing and rejected their reliance on Code of Civil Procedure section 473 for relief. A dissenting opinion argued the lien claimant's detailed declaration rebutted the mailing presumption and warranted relief for probable postal inadvertence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration after their lien was dismissed with prejudice for failing to appear at a lien conference. The lien claimant argued they did not receive notice, but the Board found sufficient evidence of mailing and rejected their reliance on Code of Civil Procedure section 473 for relief. A dissenting opinion argued the lien claimant's detailed declaration rebutted the mailing presumption and warranted relief for probable postal inadvertence.
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