CompFox AI Summary
The Workers' Compensation Appeals Board dismissed Western Imaging's Petition for Reconsideration as untimely. The Board found that Western Imaging's claim of non-receipt of the Order Dismissing Lien Claim was insufficient to overcome the presumption of service created by the defendant's proof of service and the ordinary course of mail. Even if Western Imaging's declaration were considered, the Board found credible evidence that they did, in fact, receive the order. Due to the untimeliness, the Board lacked jurisdiction to consider the petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed Western Imaging's Petition for Reconsideration as untimely. The Board found that Western Imaging's claim of non-receipt of the Order Dismissing Lien Claim was insufficient to overcome the presumption of service created by the defendant's proof of service and the ordinary course of mail. Even if Western Imaging's declaration were considered, the Board found credible evidence that they did, in fact, receive the order. Due to the untimeliness, the Board lacked jurisdiction to consider the petition.
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