Silvia Ortiz, vs. Van Aken International; State Compensation Insurance Fund,

(LBO0358375) In this case, Silvia Ortiz was appealing a decision by the Workers' Compensation Appeals Board to dismiss a lien. The Board denied the petition for reconsideration, finding that the lien claimant had been served with the Notice of Intention to Dismiss Lien and had not filed a timely objection or made any further attempt to communicate with the Board or defendant.

Van Aken International; State Compensation Insurance Fund, Silvia Ortiz, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASILVIA ORTIZ,Applicant,    vs.    VAN AKEN INTERNATIONAL; STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ2768137 (LBO0358375)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, and the reasons discussed below, we will deny reconsideration.            Defendant served the August 16, 2016 Minutes of Hearing and Notice of Intention to Dismiss Lien(s) for Non-Appearance at Lien Conference/Trial Pursuant to Title 8, California Code of Regulations Section 10562 (NOD on both lien claimant Comprehensive Outpatient Surgery Center and its lien representative ZA Management at each of their addresses as designated on the Official Address Record on August 25, 2016. Evidence Code section 641 provides, in relevant part, that a document “correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.” (Evid. Code, § 641; see also, Goodson v. Bogerts, Inc. (1967) 252 Cal.App.2d 32.) There is no evidence in the record to rebut this presumption. Moreover, despite being served with the NOI on August 16, 2016, lien claimant did not file a timely objection nor make any further attempt to communicate with either the Workers’ Compensation Appeals Board or defendant between that time and the time the Order Dismissing lien issued on December 28, 2016. Based on these reasons and those stated in the WCJ’s report, we deny reconsideration.////// ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Reconsideration is DENIED.        WORKERS’ COMPENSATION APPEALS BOARD        _

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