CompFox AI Summary
This case involves a lien claimant whose Petition for Reconsideration and Removal was dismissed. The Appeals Board found that removal was improper as reconsideration is the adequate remedy for a final order. The Petition for Reconsideration was dismissed as untimely, as it was filed significantly after the jurisdictional deadline. This untimeliness was not excused by the lien claimant's claim of non-receipt of the initial order, given evidence of proper service and personal service at a subsequent hearing.
Full Decision Text1 Pages
This case involves a lien claimant whose Petition for Reconsideration and Removal was dismissed. The Appeals Board found that removal was improper as reconsideration is the adequate remedy for a final order. The Petition for Reconsideration was dismissed as untimely, as it was filed significantly after the jurisdictional deadline. This untimeliness was not excused by the lien claimant's claim of non-receipt of the initial order, given evidence of proper service and personal service at a subsequent hearing.
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