3RD DOG, INC.; FIRSTCOMP OF OMAHA for SOUTHERN INSURANCE CO. DONACIANO SALGADO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONACIANO SALGADO, Applicant,vs.3RD DOG, INC.; FIRSTCOMP OF OMAHA for SOUTHERN INSURANCE CO., Defendants.Case No. ADJ6646120(Marina del Rey District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Lien claimant, Paramount Physicians Health, seeks reconsideration of the Order Dismissing Lien issued February 1, 2012, wherein the workers’ compensation administrative law judge (WCJ) dismissed the lien of Paramount Physician Health following a Notice of Intention to Dismiss Lien for lien claimant’s failure to appear at a noticed hearing. Lien claimant contends that the WCJ erred by dismissing petitioner’s lien arguing that lien claimant appeared for the noticed hearing and there is no basis to dismiss the otherwise valid lien claim. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ confirmed that the record shows that lien claimant was present at a hearing on March 28, 2011 which resulted in the matter being taken off calendar. However, there was a second hearing on the same date with a second set of Minutes of Hearing wherein the WCJ issued a notice of intent to dismiss the lien and there was no objection thereafter filed by lien claimant. The WCJ recommended that the Order of Dismissal of Lien be rescinded due to the “confusion of two sets of Minutes of Hearing for the same court date signed by the same judge” and the matter be returned to the trial level for further proceedings. However, we note that through no apparent fault of petitioner, lien claimant’s February 15, 2012 petition did not come to the attention of the Appeals Board until August 16, 2012, after expiration of the statutory time for reconsideration.. Therefore, consistent with fundamental principles of due process, we , are persuaded that the run
