CITRUS VALLEY MEDICAL CENTER; KEENAN & ASSOCIATES GREGORY THOMPSON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGREGORY THOMPSON, Applicant,vs.CITRUS VALLEY MEDICAL CENTER; KEENAN & ASSOCIATES, Defendants.Case No. ADJ2557196 (LAO 0783631)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the July 24,2012 Order Dismissing Case for SIBTF Benefits for Lack of Prosecution wherein the workers compensation administrative law judge (WCJ) found that applicant failed to prosecute his claim against the Subsequent Injuries Benefit Trust Fund (SIBTF) and dismissed his claim against the SIBTF without prejudice. Applicant contends that the WCJ erred in dismissing his claim, arguing that applicant’s attorney of record, Glauber/Berenson, was never given notice of defendant’s Petition to Dismiss or the WCJ’s Notice of Intention to Dismiss, and, therefore, applicant was deprived of due process. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an answer from defendant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration recommending that we deny reconsideration. For the reasons discussed below, we will grant reconsideration and rescind the Order. We will return this matter to the trial level for further proceedings. California Code of Regulations, title 8, section 10582 states, in relevant part that: “Unless a case is activated for hearing within one year after the filing of the Application for Adjudication or the entry of an order taking off calendar, the case may be dismissed after notice and opportunity to be heard. Such dismissals may be entered at the request of an interested party or upon the Workers’ Compensation Appeals Board’s own motion , for lack of prosecution. A case may be dismissed after issuance of a ten (10) day notice of intention to d
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