Los Angeles Times; Zurich American Insurance Company, administered by Gallagher Bassett, Sean Nguyen, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASEAN NGUYEN,Applicant,vs.LOS ANGELES TIMES; ZURICH AMERICAN INSURANCE COMPANY, administered by GALLAGHER BASSETT,Defendants.Case No. ADJ6466818 ·(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien Claimant Whittier Drugs seeks reconsideration of the Findings & Order (F&O) issued on January 30, 2017 by the workers’ compensation administrative law judge (WCJ). In the F&O, the WCJ dismissed the lien, granted defendant’s Petition for Costs in the amount of $2,365.00, and sanctioned lien claimant and Ted Durden, lien claimant’s purported representative/employee, $1,000.00 jointly and severally for failing to appear at a lien conference on August 2, 2016. Lien claimant contends the lien should not have been dismissed because Durden was unable to appear due to a family emergency, and sanctions and costs should not have been imposed because lien claimant and Durden were not acting in bad faith. We did not receive an Answer. We received a Report and Recommendation (Report) from the WCJ, which recommended the petition be denied and/or dismissed as untimely. Based on our review of the record, the Petition, and the Report, we will grant the Petition and return the matter for further proceedings. Generally, a petition for reconsideration must be filed within 20 days of a “final” decision, plus an additional five days if service of the decision is made by mail upon an address in California. (Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, § 10507(a)(1).) Where, however, the service of a decision is defective, a petition for reconsideration must be filed within 20 days from the date the , decision is actually received. (Hartford Accident & Indemnity Co. v. Workers’ Comp. Appeals Bd (Phillips) (1978) 86 Cal.App.3d 1 [43
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