Maksimenka, Yauheni

Lien claimant Eric Gofnung Chiropractic Corporation petitioned for reconsideration of a September 4, 2024 Joint Order Dismissing its lien, which the WCJ entered after the lien claimant failed to appear at the June 19, 2024 lien conference and failed to respond to a Notice of Intention to Dismiss. Gofnung argued that the NIT and Order were defectively served because its hearing representative, Collective Resources, had been added to the official address record but was not served, and that its representative was ill on the hearing date. The Appeals Board found the record inadequate to evaluate notice and service, noting Collective Resources was added to the address record before the NIT and Order issued yet was not served, casting doubt on the validity of those documents. The Board granted reconsideration, rescinded the dismissal, and returned the matter to the district office to create a proper record and conduct further proceedings, including potential CCP section 473 relief analysis.