Sylvia Armenta, vs. San Ysidro School District; Fireman’s Fund Insurance Company,

In this case, the San Ysidro School District and Fireman's Fund Insurance Company were defendants in a workers' compensation case brought by Sylvia Armenta. The case was resolved with an order approving compromise and release. Open Air MRI, through its representative Pinnacle Lien Services, filed a lien in the case, but failed to appear at a lien conference. The Workers' Compensation Appeals Board granted reconsideration of the Order Dismissing Lien, rescinded the order, and returned the matter to the trial level for further proceedings and a new decision by the WCJ.

SAN YSIDRO SCHOOL DISTRICT; FIREMAN’S FUND INSURANCE COMPANY, SYLVIA ARMENTA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASYLVIA ARMENTA, Applicant,vs.SAN YSIDRO SCHOOL DISTRICT;FIREMAN’S FUND INSURANCE COMPANY, Defendants.Case No. ADJ270393 (SDO 0240283)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, Open Air MRI, through its representative, Pinnacle Lien Services, seeks reconsideration of the Order Dismissing Lien issued by a workers’ compensation administrative law judge (WCJ) on February 26, 2009, wherein the WCJ dismissed lien claimant’s lien for failure to appear at a lien conference. Previously, on October 22, 2008, the WCJ issued a “Notice of Intention to Dismiss Lien” (NIT) wherein the WCJ stated that the case would be dismissed in 15 days unless good cause to the contrary was shown in writing. In the underlying case, an order approving compromise and release issued on February 14, 2008, resolving applicant’s claim that, while employed on February 18, 1997 as a school social worker, she sustained industrial injury to her bilateral lower extremities, bilateral upper extremities, bilateral shoulders, spine, coccyx, bilateral hips, mouth/jaw/TMJ, and psyche.            Lien claimant contends the WCJ erred in dismissing its lien, arguing that it timely filed an objection to the NIT which it served on all parties. Lien claimant contends that it was denied due process because it was entitled to a hearing prior to dismissal of its lien.            We have considered lien claimant’s petition for reconsideration and the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that lien claimant’s petition be granted, that the , February 26, 2009 Order Dismissing Lien be vacated and the matter returned to the trial level for further proceedings concerning the lien.            For the reasons discussed below, w

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