Sergio Valdez, vs. Lsg Sky Chefs; Liberty Mutual Insurance,

is a case in which lien claimant, Spine Care and Orthopedic Physicians, sought reconsideration of the Order Disallowing Lien, issued February 24, 2009, wherein the workers' compensation administrative law judge (WCJ) ordered that petitioner's lien was disallowed for failure to appear at a hearing regarding the lien claim. The WCJ noted that petitioner had filed an objection to the Notice of Intention to Disallow Lien on February 9, 2009. The Appeals Board granted the Petition for Reconsideration and rescinded the Order Disallowing Lien, returning the matter to the trial level for further proceedings and a new decision.

LSG SKY CHEFS; LIBERTY MUTUAL INSURANCE, SERGIO VALDEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO VALADEZ, Applicant,vs.LSG SKY CHEFS; LIBERTY MUTUAL INSURANCE, Defendant(s).Case No. ADJ360587 (YNO 0457264) OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, Spine Care and Orthopedic Physicians, seeks reconsideration of the Order Disallowing Lien, issued February 24, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered that petitioner’s lien was disallowed for failure to appear at a hearing regarding the lien claim. The Notice of Intent to Disallow Lien had been issued on January 26,2009.            Lien claimant contends that the WCJ erred by disallowing the lien arguing: (1) that petitioner provided medical services to applicant and therefore should be paid; and (2) that petitioner objected to the Notice of Intention to Disallow Lien and therefore there should have been a hearing on the merits regarding petitioner’s lien.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted:       “I was not aware of an objection to the Notice of Intent to Disallow       by Petitioner as the file did not contain one. However, [it] does       appear that Petitioner did file a timely objection to the Notice of       Intent to Disallow on February 9, 2009.”            The WCJ concluded with a recommendation that the Order Disallowing Lien be rescinded and the matter returned to the trial level for a heating on the merits of petitioner’s lien claim./// ,             Based upon our review of the record, and for the reasons set forth in the WCJ’s Report, we will rescind the Order Disallowing Lien, issued February 24, 2009, and return this matter to the trial level for further proceedings and a new decision as deemed appropriate by the WCJ.            For the foregoing reasons,            IT IS ORDERED that lien claimant’s Petitio

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