THE EBEL OPERATING COMPANY and STATE COMPENSATION INSURANCE FUND, RODRIGO RAMIREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARODRIGO RAMIREZ, Applicant,vs.THE EBEL OPERATING COMPANY andSTATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2889040 (LAO 873354)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Moussa Moshfegh, M.D. (lien claimant) seeks reconsideration of the Order of May 27, 2009, wherein the workers’ compensation administrative law judge (WCJ) dismissed the lien of lien claimant on that basis that lien claimant failed to demonstrate good cause for its non-appearance at the lien trial on April 29, 2009. Lien claimant contends that the WCJ erred in dismissing his lien claim because he filed a timely objection to the Notice of Intention to Dismiss Lien. We have received a Report and Recommendation (Report) from the WCJ in which he acknowledges that lien claimant did file a timely objection to the Notice of Intention to Dismiss Lien. We also note the WCJ’s agreement with lien claimant’s contention that a trial on the merits, rather than a dismissal, is the favored course of action in this matter. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will grant reconsideration, rescind the WCJ’s decision, and return this matter for further proceedings and decision by the WCJ. This is not a final decision on the merits of any issues raised herein, and the parties retain the right to seek reconsideration of the WCJ’s new decision./// , For the foregoing reasons, IT IS HEREBY ORDERED that reconsideration of the Order of May 27, 2009, is GRANTED, and as then Decision After Reconsideration; the Order is RESCINDED, and this matter RETURNED to the trial level for further proceedings and decision by the WCJ. WORKERS’COMPENSATION APPEALS BOARD ________________________
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