CompFox AI Summary
The Workers' Compensation Appeals Board denied a lien claimant's Petition for Reconsideration, which sought to overturn the dismissal of its lien. The dismissal occurred because the lien claimant failed to appear at a lien conference and subsequently failed to overcome the presumption of receipt of a Notice of Intention to Dismiss. Furthermore, the petition itself was unverified, providing an independent ground for denial under Labor Code section 5902. The Board adopted the WCJ's report, finding insufficient grounds for reconsideration based on the lack of evidence to rebut the mailing presumption and the unverified petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a lien claimant's Petition for Reconsideration, which sought to overturn the dismissal of its lien. The dismissal occurred because the lien claimant failed to appear at a lien conference and subsequently failed to overcome the presumption of receipt of a Notice of Intention to Dismiss. Furthermore, the petition itself was unverified, providing an independent ground for denial under Labor Code section 5902. The Board adopted the WCJ's report, finding insufficient grounds for reconsideration based on the lack of evidence to rebut the mailing presumption and the unverified petition.
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