Hernandez, Efrain

Lien claimant Certified Interpreters of California, through its representative Collective Resources, sought reconsideration of a November 1, 2023 Order dismissing its lien claim for failure to appear at a lien conference. The lien claimant argued it never received notice of the lien conference, violating due process. The WCAB found that EAMS did not show service of the lien conference notice and, critically, that the Notice of Intention (NOI) to dismiss stated the lien claimant failed to appear on September 26, 2023, but the Minutes of Hearing from that date did not note any non-appearance. Because the NOI lacked an evidentiary basis, it was substantively defective and void ab initio, rendering the resulting dismissal order invalid. The Board granted reconsideration, rescinded the Order Dismissing, and returned the matter to the trial level for further proceedings.