River Ranch Fresh Foods; Intercare Insurance Services Martin Lopez Garcia (Martin Garcia-Lopez) WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTIN LOPEZ GARCIA (MARTIN GARCIA-LOPEZ), Applicant,vs.RIVER RANCH FRESH FOODS; INTERCARE INSURANCE SERVICES, Defendants.Case Nos. ADJ1297763 (LAO 0778351)OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Frontier Medical Inc. (lien claimant) seeks reconsideration of the Order issued by a workers’ compensation administrative law judge (WCJ) on September 13. 2010. dismissing its lien claim for failure to appear at the lien trial held on July 15. 2010. Lien claimant contends, in essence, that the WCJ erred in ordering dismissal of its lien because its failure to appear at the July 15. 2010 lien trial was the result of an inadvertent mistake. Additionally, lien claimant points out that the WCJ dismissed its lien even though it filed a timely objection to the Notice of Intention to Dismiss (NOI). Finally, lien claimant argues that it is entitled to due process b way of a trial on the merits. We have received a report and recommendation on petition for reconsideration (report) from the WCJ in which he recommends denial of the petition. We have not received an answer to the petition from defendant. Based on our review of the record, and for the reasons discussed below, we will grant reconsideration, rescind the Order, and return this matter to the tnai level for further proceedings and decision by the WCJ. , RELEVANT FACTS Martin Garcia-Lopcz (applicant) was found to have sustained an industrial injury on I February’ 1. 2000, and was awarded permanent disability and further medical treatment by a Findings and Award issued on June 20. 2001.1 Lien claimant provided medical treatment to applicant in the form of durable medical equipment. On August 6. 2008. lien claimant filed its lien for the equipment it provided
