Extended Stay America; Zurich America Cecilia Torres WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACECILIA TORRES, Applicant,vs.EXTENDED STAY AMERICA; ZURICH AMERICA, Defendants.Case No. ADJ4533694 (LBO 0323460)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Charles Schwarz, M.D. seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Order Dismissing Lien Claim of May 25, 2011, wherein Dr. Schwarz’ lien claim was dismissed. Previously in this matter, in a stipulated Award of June 1, 2010, it was found that while employed as a laundry attendant on an unspecified date, applicant sustained industrial injury to her low back, heart, and in the forms of diabetes, hypertension, sleep apnea, gastroesophageal reflux disease and irritable bowel syndrome, causing permanent disability of 70% and the need for further medical treatment. A status conference was noticed for May 4, 2011, but Dr. Schwarz did not appear. On May 5, 2011 the WCJ issued a Notice of Intention to dismiss Dr. Shwarz’ lien “ten (10) days after service hereof unless good cause to the contrary is shown in writing within said time.” Not having received a timely objection, the WCJ issued the Order Dismissing Lien Claim on May 25, 2011. In his petition, lien claimant contends that the WCJ erred in dismissing the lien claim. Among other things, the lien claimant argues that he “filed and served his objection to the Notice of Intention [but that apparently the document was not scanned into the EAMS system by the WCAB staff.” We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). In the Report, the WCJ wTites: , “Dr. Schwartz [sic] has filed a timely Petition for Reconsideration stating he filed a timely objection to the Notice of Intention by mail. It is acknowledged that the Long Beach District Office has a severe clerica
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