Federated Department Stores, Permissibly Self-Insured Guillermo Malachowski WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUILLERMO MALACHOWSKI, Applicant,vs. FEDERATED DEPARTMENT STORES, Permissibly Self-Insured, Defendant(s).Case No. LAO 0827740OPINION AND DECISIONAFTER RECONSIDERATION On September 17, 2007, the Appeals Board granted lien claimant’s petition for reconsideration of the “decision filed on June 20, 2007.” Reconsideration was granted to allow time to review the record and issue a proper decision. This is our decision after reconsideration wherein we vacate the order granting and dismiss the lien claimant’s petition.1 This matter was set for trial on June 20, 2007. Lien claimant had notice of the trial but did not appear before the proceedings were completed and the matter submitted. At the trial, stipulations and issues were entered and evidentiary exhibits were received in evidence. The identified issues included petitioner’s lien. On June 27, 2007, the Minutes of Hearing and Summary of Evidence of June 20, 2007 were filed and served together with a ten-day Notice of Intention to Submit for decision. That document reflects that it was served by the Workers’ Compensation Appeals Board on the parties shown on the Official Address Record, including lien claimant’s and the petitioner herein. On July 17, 2007, twenty days after service of the Notice of Intention to Submit, lien claimant filed a single-page letter objecting to the Notice of Intention to Submit, indicating that lien claimant’s representative appeared late on June 20, 2007 due to heavy traffic, and requesting that the Notice of Intention to Submit be vacated and if not that its letter be treated as a petition for [h3]1 [size=1]Commissioner Murray’s term has expired and a new commissioner or deputy commissioner has been appointed to this file in her place.[/size][/h3] , reconsideration. Apparently crossing in the mail with
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