Wall Design, Inc.; Metro Risk Management Hector Alvarez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHECTOR ALVAREZ, Applicant,vs.WALL DESIGN, INC.; METRO RISKMANAGEMENT, Defendants.Case No. ADJ1675562 (LAO 0868356)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We further note that the Presiding WCJ’s dismissal of petitioner’s lien was proper under WCAB Rule 10562(e)(1), which provides that “[w]here a lien claimant served with notice of a trial fails to appear, the [WCJ] may dismiss the lien claim after issuing a ten (10) day notice of intention to dismiss with or without prejudice[.]” (Cal. Code Regs., tit. 8, § 10562.) As for the issue of sanctions, this Appeals Board declines to take action at this time because in the Order to Dismiss of December 7, 2012, the PWCJ reserved jurisdiction over penalties, sanctions and costs for failure to appear. Accordingly, the issue of sanctions against petitioner may be addressed at the trial level./////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________FRANK M. BRASSI CONCUR,_______________________________________MARGUERITE SWEENEY______________________________________RONNIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO, CALIFORNIAFEB 11 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.CAREMEDICS O & P INCPINNACLE LIENTOBIN LUCKSWAYNE SINGERabs , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE N
