“American Work Force; State Compensation Insurance Fund Jose Daniel Romero WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE DANIEL ROMERO, Applicant,vs.AMERICAN WORK FORCE; STATE COMPENSATION INSURANCE FUND, Defendants),Case No. VNO 0435409OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Lien claimant, Beverly Hills Center for Arthroscopic and Outpatient Surgery Center (BHC), seeks reconsideration of the May 4. 2007 Opinion and Order issued by Workers’ Compensation Administrative Law Judge Robert Sprott (Judge Sprott) wherein Judge Sprott ordered that BHC take nothing by way of its $61,131.60 medical treatment lien. Previously, applicant’s underlying claim of injury to his neck, head, shoulder, and spine, while employed as a fork lift operator on September 17, 2001, was resolved by a December 22, 2004 Order Approving Compromise and Release for $82,000.00. BHC contends that Judge Sprott erred in disallowing its lien arguing that it sustained its burden of proof in establishing entitlement to reimbursement. Defendant did not file an answer. However, Judge Sprott issued his Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. After issuing his Report, Judge Sprott retired. Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescind the WCJ’s decision, and return this matter to the trial level for further proceedings and decision by the WCJ. , Labor Code! section 5313 provides that:The appeals board or the workers’ compensation judge shall, within 30days after the case is submitted, make and file findings upon all factsinvolved in the controversy and an award, order, or decision stating thedetermination as to the rights of the parties. Together with the findings,decision, order or award there shall be served upon all the parties to theproceedings a summary of the evidence received a
