Minerva Casasola vs. ABM Industries; AIG Chartis Administered By ESIS

.opnIn this case, the workers' compensation administrative law judge (WCJ) dismissed lien claimant Safety Works Medical, Inc.'s lien for failure to appear at the October 3, 2012 lien conference and failure to show good cause for the absence. Safety Works petitioned for reconsideration, claiming that they had not been served with notice of the lien conference. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that Safety Works had been given notice of the lien conference and that their petition was unsupported by specific references to the record and to the principles of law involved.

ABM Industries; AIG Chartis administered by ESIS Minerva Casasola WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMINERVA CASASOLA, Applicant,vs.ABM INDUSTRIES; AIG CHARTIS administered by ESIS, Defendants. Case No. ADJ6755627 (Los Angeles District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Lien claimant Safety Works Medical, Inc. petitions for reconsideration of the Order served on November 14, 2012. In that order, the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s lien for failure to appear at the October 3, 2012 lien conference and failure to show good cause for the absence.            Lien claimant contends that the WCJ erred in dismissing its lien because lien claimant filed a timely objection to the Notice of Intention to Dismiss Liens explaining that it had not been served with notice of the lien conference.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration/Removal (Report). For the reasons set forth below, we will deny lien claimant’s petition for reconsideration.            Lien claimant filed a Notice and Request for Allowance of Lien on June 20, 2012. Safety Works is listed as a case participant in the Electronic Adjudication Management System (EAMS) beginning on June 21, 2012. According to EAMS, notice of the lien conference was mailed on June 25, 2012, and Safety Works was included on the service list.            A letter that is properly addressed and mailed is presumed to be received, and a bare statement of non-receipt is insufficient to overcome proof of service. (Cal. Ins. Guarantee Assoc. v. Workers’ Comp. Appeals Bd (Norwood) (2006) 71 Cal.Comp.Cases 808, 811 (writ den.); Northrop Grumman Corp. v. , Workers’ Comp. Appeals Bd. (Clark) (1999) 64 Cal.Comp.Cases 1416 (writ den.); Evid. Code, § 641.)Lien claima

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