Lemonde Lawrence vs. Manpower Temporary Agency; Tristar Concord; Sedgwick Roseville

(LBO 0226833)In this case, the Workers' Compensation Appeals Board granted reconsideration of the Order Dismissing Lien and Imposing Sanctions issued by the workers' compensation administrative law judge (WCJ) on November 30, 2012. The WCJ had dismissed the lien claimant's lien and imposed a sanction of $500.00 because it failed to appear at the lien trial. The Appeals Board rescinded the WCJ's decision and returned the matter to the trial level WCJ to issue a new Notice of Intention to Dismiss Lien and Imposing Sanctions, and for further proceedings as necessary.

Manpower Temporary Agency; Tristar Concord; Sedgwick Roseville Lemonde Lawrence WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEMONDE LAWRENCE, Applicant,vs.MANPOWER TEMPORARY AGENCY;TRISTAR CONCORD; SEDGWICKROSEVILLE, Defendants.Case Nos. ADJ1978930 (LBO 0226833)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, Long Beach Medical Associates (lien claimant), through its representative, Collective Resources, seeks reconsideration of the Order Dismissing Lien and Imposing Sanctions issued by the workers’ compensation administrative law judge (WCJ) on November 30, 2012, wherein the WCJ dismissed its liens and imposed a sanction of $500.00 because it failed to appear at the lien trial. Previously, on October 19, 2012, a Notice of Intention to Dismiss Lien and Impose Sanctions issued. In the underlying case, the WCJ issued a Findings and Award on June 19, 1994, wherein she found that applicant while employed on May 14, 1991, sustained industrial injury to his back, causing permanent disability and a need for further medical treatment.            Lien claimant contends that the WCJ erred in dismissing its lien, arguing that it responded to a handwritten NIT dated September 18, 2012, which was served by defendant. Lien claimant argues that it objected to this handwritten NIT on October 12, 2012, stating the reasons for its non-appearance at the lien trial.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. No Answer was received. The WCJ has filed a Report and Recommendation of Workers’ , Compensation Administrative Law Judge on Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons set forth herein, we will grant reconsideration, rescind the November 30, 2012 decision dismissing lien claimant’s lien, and return the matter to the trial level WCJ to issue a new NIT.FACTS            As relevant he

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