CJ’s Model Home Maintenance,california Insurance Co., Ellen Richards WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA ELLEN RICHARDS, Applicant, vsCJ’S MODEL HOME MAINTENANCE, CALIFORNIA INSURANCE CO., DefendantsCase No. ADJ6582016OPINION AND ORDERGRANTING PETITIONS FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Lien claimants, Mark Bernhard, D.O. and TrueScan Copy Service, seek reconsideration ofthe Order, issued April 26, 2010, in which a workers’ compensation administrative law judge (WCJ) dismissed their liens for medical treatment and medical-legal expenses for failing to appearat a noticed conference on that date. Lien claimants contend the WCJ acted in excess of his authority as the WCJ dismissed the liens without following the procedures set forth in the AppealsBoard’s Rules of Practice and Procedure §10562. (Cal. Code of Regs., Tit. 8, §10562.) Lienclaimants contend their liens were improperly dismissed as there was no showing that lienclaimants did not have a person with settlement authority available by telephone. Defendant hasfiled an answer to lien claimants’ petitions. For the reasons set forth below, we shall grant reconsideration to rescind the Order Dismissing Liens and will return this matter to the trial level for consideration of the application of Labor Code section 5813, based upon lien claimants’ failure to appear at the April 26, 2010 conference when so ordered by the WCJ. I. Applicant, Ellen Richards, claimed she sustained an industrial cumulative trauma injuryover the period ending March 20, 2008, while employed as a quality control manager by CJ’s , Model Home Maintenance, The parties’ settled applicant’s claim by Compromise and Release 1Agreement, approved by Order Approving Compromise and Release on August 17, 2009. The matter came on for lien conference on March 15, 2010. According to the Minutes ofHearing, the lien of the only lien claimant present was resolved and the matter was set for anotherlien conference on Apri
