MIGUEL LOPEZ vs. MV PUBLIC TRANSPORTATION; AMERICAN HOME ASSURANCE Administered By BROADSPIRE

In this case, the lien claimant, SAI Professional Services, sought reconsideration of an order dismissing/disallowing its lien issued by the WCJ. The Appeals Board granted the petition for reconsideration, rescinded the order, and returned the matter to the trial level for further proceedings. The Board found that the lien claimant had not been properly served with the notice of hearing and that the WCJ had issued an improper notice of intention to dismiss/disallow the lien.

MV PUBLIC TRANSPORTATION; AMERICAN HOME ASSURANCE administered by BROADSPIRE MIGUEL LOPEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIGUEL LOPEZ, Applicant,vs.MV PUBLIC TRANSPORTATION; AMERICAN HOME ASSURANCE administeredby BROADSPIRE, Defendants.Case No. ADJ2031384 (MON 0316510)OPINION AND ORDERS GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Lien claimant SAI Professional (lien claimant) seeks reconsideration of an order dismissing/disallowing its lien (Order) issued on March 12, 2012 by the WCJ. Lien claimant contends that it timely filed its objection to the notice of intention and that good cause was shown in the objection for its failure to appear at a hearing because it never received notice of the hearing.            We have not received an answer from defendant. We have received a Report and Recommendation (Report) from” the WCJ in response to lien claimant’s petition which recommends dismissal or denial of the petition.            We have reviewed the record and considered the allegations of lien claimant’s petition for reconsideration and the contents of the Report. Based on our review of the record and for the reasons stated below, we will grant lien claimant’s petition, rescind the Order, and return the matter to the trial level for further proceedings, consistent with this opinion.RELEVANT FACTS            Applicant Miguel Lopez (applicant) was employed as a bus operator for defendant and filed a specific injury claim of April 5, 2004 to various body parts. Applicant’s case was resolved by way of Compromise and Release (C&R), and an order approving issued on October 18, 2010. In the C&R, , defendant agreed to “contact all providers re balances.” (C&R, October 18, 2010, p. 6.) The area for service of the C&R on the order approving is left blank.            On October 17, 2008, lien claimant filed a Notice and Request for Allowance of Lien on a legacy form. The Official Address Record (OAR) in EAMS shows

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