State Of California, Military Dept., Legally Uninsured State Compensation Insurance Fund Lynn Wade WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALYNNWADE, Applicant,vs.STATE OF CALIFORNIA, MILITARY DEPT., Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Defendant,Case No. ADJ8963370 (Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Order issued by the workers’ compensation administrative law judge (WCJ) on January 9, 2018. Therein, the WCJ dismissed applicant’s case without prejudice for lack of prosecution. Applicant contends that the Notice of Intention to Dismiss for Lack of Prosecution (Notice to Dismiss) was mailed to her attorney’s former address; therefore, her attorney was unable to file a timely objection to the Notice to Dismiss. Defendant did not file an answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we grant reconsideration and rescind the Order. We have considered the allegations of the Petition for Reconsideration and the contents of the Report of the WCJ with respect thereto. Based on our review of the record, and as recommended by the WCJ in his Report, which we adopt and incorporate, we will grant reconsideration, rescind the Order, and return this matter to the WCJ for further proceedings consistent with this opinion. “A failure to serve documents in a WCAB proceeding in a manner required by statute or the board’s regulations is not a ‘mere irregularity’ but rather an omission of substance which denies a fundamental right. (citation omitted.)” (Hartford Accident & Ind em. Co. v. Workers’ Comp. Appeals Bd. (Phillips) (1978) 86 Cal.App.3d 1, 3 [43 Cal.Comp.Cases 1193].) In Phillips, the WCAB did not serve Hartford or its attorney of record at their respective addresses of record. (Ibid.) Due to defective service,
