RALPH MITZEL; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., for FREMONT INDEMNITY COMPANY, in liquidation, DEAN LABS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEAN LABS, Applicantvs.RALPH MITZEL; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility,CAMBRIDGE INTEGRATED SERVICES GROUP, INC., for FREMONT INDEMNITY COMPANY, in liquidation, Defendant(s).Case No. ADJ3826810 (AHM 0059404)OPINION AND ORDERS DISMISSING LIEN CLAIMANT’S 7 vs. PETITION FOR RECONSIDERATION;GRANTING APPLICANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant, Donald Townley (applicant’s former counsel), and applicant each seek reconsideration of the Findings and Order issued November 12, 2008, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained a cumulative industrial injury to his neck and back on July 15, 1995 through July 15, 1996, while employed as a heavy equipment operator. The compensable industrial injury caused permanent disability of 69%, after 35% apportionment to non-industrial factors, which is valued in the total sum of $71,102.50. The WCJ also noted that defendant had already paid $155,180.00 in permanent disability benefits to applicant. Consequently, the WCJ further found that “there is no fund from which attorney fees can be paid” and “the lien of Donald Townley is hereby denied as there is no attorney fee for this court to distribute.” The liens of Orange and Riverside Counties, for child support, and the lien of Employment Development Department were also disallowed. In a petition filed December 12, 2008, lien claimant contends that the WCJ erred by failing to award attorney fees arguing that defendants “should have withheld a percentage of the applicant’s permanent disability payments. , Applicant contends that the WCJ erred: (1) by failing to specify in the Order
