JAIME FERNANDO GUTIERREZ vs. EBCO STEEL, INC.; REPUBLIC INDEMNITY INSURANCE COMPANY

v. EBCO STEEL, INC.; REPUBLIC INDEMNITY INSURANCE COMPANY. In this case, the Workers’ Compensation Appeals Board rescinded the Order Dismissing Lien issued July 21, 2011 and returned the matter to the trial level to resolve the petitioner’s lien claim due to a defective proof of service.

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 P

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