American Apparel; SRS Noemi Mendoza WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANOEMI MENDOZA, Applicant,vs.AMERICAN APPAREL; SRS, Defendants.Case No. ADJ7219588OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Lien claimants, Metropolitan Health Medical Group, Kohanim Chiropractic, Rite Care Orthopedic Supply and “Marina Kuznetsova, LAc”, seek reconsideration of the Notice of Intent to Issue Order of Disallowance, issued July 19, 2011, wherein the workers’ compensation administrative law judge (WCJ) noted the non-appearance of petitioners at the lien trial and issued a Notice of Intention to disallow their claims “unless good cause be shown within 15 days” why the claims should not be dismissed. No order of dismissal was issued. Petitioners contend that the WCJ erred by issuing the Notice of Intent to Issue Order of Disallowance (NIT) arguing: “On the morning of July 19, 2011 the representative assigned to appear at the trial was unable to appear due to illness. Notification of this inability to appear was communicated via email, requesting a continuance, to the W.C.A.B. at [email protected] as well as defense counsel at [email protected] upon learning of this situation.” Upon receipt of petitioners’ Petition for Reconsideration, the WCJ issued an order pursuant to California Code of Regulations, title 8, section 10859 rescinding the NIT. However, as the WCJ noted in the Report and Recommendation on Petition for Reconsideration (Report), “Due to an oversight the above referenced 10859 order was timely prepared by the Court but it was not signed, filed and served until 9/7/2011 .” Therefore, the rescission of the NIT was beyond the 15 day period set forth in California Code of Regulations, title 8, section 10859 for rescission of an order. , Based upon our review of the record, and for the reasons set forth herein, we will dismiss lien claiman
