LAKEISHA HICKS vs. WAL-MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE COMPANY, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board granted reconsideration for lien claimants Beverly Hills Ambulatory Surgery Center and Beverly Hills Anesthesia. The WCJ had dismissed their liens due to non-appearance at a conference, but the lien claimants claimed they never received notice of the conference or the intent to dismiss. Crucially, the Board noted the conflict between the defendant's proof of service and the lien claimants' verified assertion of non-receipt, without any credibility determination. Therefore, the case was rescinded and returned to the trial level for an evidentiary hearing to resolve these notice and service issues.