AMERICAN APPAREL; EVEREST NATIONAL, GUADALUPE ENRIQUEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUADALUPE ENRIQUEZ, Applicant,vs.AMERICAN APPAREL; EVEREST NATIONAL, Defendant(s).Case Nos. ADJ3476510 (MON 0326382)ADJ2019518 (MON 0326383)ADJ4615746 (VNO 0495913) OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant, Advanced Professional Imaging, seeks reconsideration of the Order Dismissing Lien issued January 21, 2009, wherein the workers’ compensation administrative law judge (WCJ) dismissed petitioner’s lien “pursuant to Notice of Intention and no good cause to the contrary having been shown within the time allowed.” Lien claimant contends that the WCJ erred by dismissing the lien, that lien claimant filed atimely Objection to the Notice of Intention to Dismiss Lien, and that good cause existed to submit petitioner’s lien for a hearing on the merits. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that petitioner failed to appear for the lien trial on October 7, 2008. Therefore, a Notice of Intention to Dismiss Lien was served. The WCJ was unable to find any proof in the file that lien claimant filed a timely objection to dismissal. However, the WCJ points out that there is an undated “received” stamp at the bottom of a document which was dated October 17, 2008. TheWCJ noted that this document appears to be petitioner’s objection to the Notice of Intention to Dismiss Lien. Furthermore, the WCJ acknowledges in the Report that there is a backlog associated with scanning file documents into the Division of Workers’ Compensation’s new Electronic Adjudication Management System (EAMS) and that “the actual Order Disallowing dated January 5, 2009 and served on January 21, 2009 has not been scanned to date according to FileNet” , (Report, page 3). The WCJ concludes with the recommendation that, despite petitioner’s own participation
