AMERICAN BATH AND BODY EMPLOYERS RECONSIDERATION INSURANCE COMPANY JULIO GONZALEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIO GONZALEZ, Applicant,vs.AMERICAN BATH AND BODY;EMPLOYERS RECONSIDERATIONINSURANCE COMPANY, Defendants.Case Nos. ADJ8219541ADJ8219543(Van Nuys District Office)OPINION AND ORDER GRANTING PETITION FORRECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant filed a timely and verified Petition for Reconsideration from the April 1, 2014 decision of the workers’ compensation administrative law judge (WCJ) where the WCJ dismissed both applicant’s specific and cumulative trauma claims for failing to appear at trial on March 4, 2014, and after applicant did not respond to a notice of intent to dismiss issued under Appeals Board Rule 10562. Defendant did not file an answer. The WCJ did not prepare a Report and Recommendation. Based on our review of the record and for the reasons stated below, we grant reconsideration, rescind the April 1, 2014 decision of the WCJ as to ADJ8219541 and return the matter to the WCJ for further proceedings, and affirm the April 1, 2014 decision of the WCJ as to ADJ8219543.BACKGROUND Applicant, while employed for the period January 1, 2003 through August 9, 2011 by American Bath and Body, LLC, alleged injury arising out of and in the course of employment (AOE/COE) to his eyes, and while employed on July 29, 2011, alleged injury AOE/COE to his back, fingers, and thumb. The matter came on for trial on March 4, 2014 in ADJ 8219543 for the cumulative trauma claim following a Mandatory Settlement Conference (MSC) held January 9, 2014, where the parties framed stipulations and issues for that claim only. Applicant did not appear for trial, but his representative of record appeared. The WCJ issued a notice of intent to submit the cumulative trauma claim, indicating, “[n]otice is hereby given absent objection within ten days that this matter will stand submitted and an ,
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