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Chuck Allessi, vs. City Of Riverside; Self Insured,

City Of Riverside; Self Insured, Chuck Allessi, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHUCK ALLESSI, Applicant,vs.CITY OF RIVERSIDE; SELF INSURED, Defendant(s).Case No. ADJ6588168OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, Montgomery Chiropractic, Inc. seeks reconsideration of the Order Dismissing Lien, issued June 10, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered that petitioner’s lien be dismissed.Lien claimant contends that the WCJ erred by dismissing the lien arguing that defense counsel mislead lien claimant’s counsel regarding the date and time of the hearing and that dismissal without the opportunity of presenting evidence regarding the lien constituted a breach of lien claimant’s due process rights.            In a document entitled “Memo”, the WCJ requested that the Order Dismissing Lien “be rescinded and allow ihe issue to be reset with a Judge other than Judge Jackson for review.”            Based upon our review of the record, and for the reasons set forth in the “Memo” issued by the WCJ on July 23, 2010, we will grant lien claimant’s Petition for Reconsideration, rescind the Order Dismissing Lien, issued June 10. 2010. and return this matter to the presiding judge for assignment to a WCJ “other than Elena Jackson, for review” so that the parties may proceed ¡ regarding petitioner’s lien claim.For the foregoing reasons,IT IS ORDERED that lien claimant, Montgomery Chiropractic Jnc.’s, Petition for Reconsideration is GRANTED. , IT IS FURTHER ORDERED as the Appeals Board’s Decision After Reconsideration that the Order Dismissing Lien, issued June 10. 2010. be, RESCINDED and this matter is RETURNED to the trial level for further proceedings as determined appropriate by the assigned workers’ compensation administrative Jaw judge.WORKERS’ COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONCUR,________


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