HELGA RAMIREZ vs. TRIAS, LLC dba TWOHEY'S RESTAURANT, AMERICAN CLAIMS MANAGEMENT

This case concerns a lien claimant seeking reconsideration of their lien's dismissal. The Workers' Compensation Appeals Board denied the petition, finding the lien claimant received proper notice of intent to dismiss for non-appearance at trial. The majority ruled the lien claimant failed to rebut the proof of service with anything more than a bare assertion of non-receipt. However, one Commissioner dissented, arguing the petition effectively served as an objection and that relief should be granted under principles of mistake or excusable neglect, citing a representative's illness.