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The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a dismissal order. The dismissal was based on the lien claimant's failure to appear at a lien conference and the untimeliness and lack of good cause in their subsequent objection. While the objection's timeliness was questioned, the board agreed with the WCJ that a "failed mail procedure" does not constitute good cause for non-appearance. One commissioner dissented, believing the lien claimant's verified assertion of non-receipt of notice should warrant adjudication on the merits.
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The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a dismissal order. The dismissal was based on the lien claimant's failure to appear at a lien conference and the untimeliness and lack of good cause in their subsequent objection. While the objection's timeliness was questioned, the board agreed with the WCJ that a "failed mail procedure" does not constitute good cause for non-appearance. One commissioner dissented, believing the lien claimant's verified assertion of non-receipt of notice should warrant adjudication on the merits.
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