CBN Industries State Compensation Insurance Fund Hermino Escobar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHERMINIO ESCOBAR, Applicant,vs.CBN INDUSTRIES; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ10075393(Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant, Centro Medico Sevilla, seeks reconsideration of the Order Dismissing Lien Claim for Non-Appearance, served October 20, 2015, in which a workers’ compensation administrative law judge (WCJ) dismissed the lien due to “the refusal of lien claimant to appear before the judge” at a October 2, 2015 hearing. Lien claimant’s hearing representative, Scott Ben-Yashar, contests the dismissal order, asserting that he signed in on the Minutes of Hearing, did not refuse to appear before the WCJ, that defendant’s attorney appeared ex-parte and made a false representation, and that lien claimant was denied due process when it was not provided an opportunity to prove up the lien. Defendant has filed an answer to the petition, in which counsel for defendant asserts that while lien claimant’s representative did sign in on the date of the hearing, he “repeatedly refused to enter Judge Glass’s courtroom or speak with the Judge or defense attorney,” after defense counsel advised that his lien claim was barred by the statute of limitations. Counsel further denies lien claimant’s representative’s assertion that she engaged in ex parte communication with the WCJ when she requested the WCJ’s guidance on how to proceed in view of Mr. Ben-Yashar’s refusal to enter the courtroom. The WCJ has prepared a Report and Recommendation on Petition for Reconsideration, in which he asserts inter alia that Mr. Ben-Yashar abandoned his claim when he declined to appear at the October 2, 2015 hearing after being notified that defendant was challenging the lien on the grounds that it was beyond the statut
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