GIANCARLO BERMUDEZ vs. TECHTRANS, INC., ZURICH NORTH AMERICA INSURANCE COMPANY, SUSSEX INSURANCE COMPANY, INTERCARE HOLDINGS INSURANCE SERVICES

This case involves lien claimant Scripte Corporation's petition for reconsideration after its lien was dismissed for failing to appear at a lien conference. Scripte claimed it did not receive notice of the conference, but the WCAB upheld the dismissal, finding the presumption of proper mail service was not rebutted by a bare declaration of non-receipt. Commissioner Gaffney dissented, arguing the office manager's declaration provided sufficient evidence to rebut the presumption and warrant a new hearing. The majority denied reconsideration based on the WCJ's reasoning, adopting it as their own.