HECTOR LUCIO vs. SIERRA LATHING, SIERRA LATHING CO.; ZENITH INSURANCE

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The Applicant seeks reconsideration of a dismissal for failure to prosecute after not appearing at a Mandatory Settlement Conference and alleging lack of notice. The Appeals Board denied reconsideration because the Applicant's petition was unverified and the attorney failed to cure this defect after notification. A dissenting opinion argued for granting reconsideration to determine if the Applicant received proper notice and opportunity to be heard. The majority decision relied on procedural grounds (lack of verification) rather than addressing the substance of the dismissal.