EBCO STEEL, INC.; REPUBLIC INDEMNITY INSURANCE COMPANY JAIME FERNANDO GUTIERREZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAIME FERNANDO GUTIERREZ, Applicant,vs.EBCO STEEL, INC.; REPUBLIC INDEMNITYINSURANCE COMPANY, Defendants.Case No. ADJ933618 (SDO 0343573)OPINION AND DECISION AFTER RECONSIDERATION We granted lien claimant, 770 International’s petition and issued an order directing defendant to file proof of service of the Notice of Intention to Dismiss Lien, issued May 26, 2011, showing service upon lien claimant. Although defendant, Republic Indemnity Insurance Company, filed a document purporting to show “Proof of Service by Mail” on May 31, 2011, we note that the proof of service is defective because it also shows that it was “executed on May 27, 2011 at San Diego, California.” This defect, taken together with the factual background set forth in our Opinion and Order Granting Petition for Reconsideration and Order Directing Defendant to File Proof of Service, issued October 3, 2011, which we incorporate by reference herein, compels the recession of the Order Dismissing Lien issued July 21, 2011. Consequently, we will return this matter to the trial level to resolve petitioner’s lien claim. For the foregoing reasons,/////////////// , IT IS ORDERED as the Appeals Board’s Decision After Reconsideration that the OrderDismissing Lien, issued July 21, 2011, is RESCINDED and this matter is RETURNED to the trial levelfor further proceedings as deemed appropriate by the workers’ compensation administrative law judge.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________RONNIE G. CAPLANEI CONCUR,_______________________________________________FRANK M. BRASSCONCURRING, BUT NOT SIGNINGDEIDRA E. LOWE_______________________________________________DATED AND FILED AT SAN FRANCISCO, CALIFORNIAJAN 03, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIRADDRESSES SHOWN ON
