Key legal question
Whether the refusal to restore the deadline for improving the appeal should be upheld.
Extracted holding
The restoration request was properly denied because the claimant failed to rebut the presumption that the postal pickup notice was duly delivered, so the filing deadline had expired.
Extracted reasoning
The court accepted the lower court's factual finding that an attempted service occurred and that an avviso was placed in the mailbox on 24 May 2007. The claimant's assertions did not establish non-receipt, and at worst the evidence was in balance, in which case the burden of loss lies with the addressee.