Brown Dates Garden; Firstcomp Omaha Ramon Camacho WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAMON CAMACHO, Applicant,vs.BROWN DATES GARDEN; FIRSTCOMP OMAHA, Defendants.Case No. ADJ3362095 (RIV 0081256) OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Order Allowing Lien Claim, wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to pay the lien of Prime Orthopedics in the amount of $2,937.00. The Order was signed March 22, 2011, but there is no proof of service. In a petition filed May 13, 2011, defendant contends that the WCJ erred by granting the lien of Prime Orthopedics arguing: (1) that defendant received inadequate notice of the lien trial because it had not agreed to service by fax pursuant to California Code of Civil Procedures, section 1013(e); (2) that it did not receive adequate notice of the Order to pay Prime Orthopedics; and (3) that the WCJ granted lien claimant’s request for allowance of lien based upon California Code of Regulations, title 8, section 10563, which had been repealed as of November 17, 2008. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that defendant has “cited improper notice given to them of the lien conference” and the “notice of the order allowing the lien of Prime Orthopedics, Inc.” The WCJ then recommended that the Appeals Board grant reconsideration, rescind the Order Allowing Lien Claim and return the matter to the trial level “for a proper review of the lien issue and order.” (Report, p. 2.) We note that, through no apparent fault of petitioner, the petition did not come to the attention of the Appeals Board until July 12, 2011, after expiration of the statutory time for reconsideration. However, consistent with fundamental principles of due process, we are persuaded that the running of the , 60-days statutory period
