Mark Vicario vs. Department Of Corrections-Ironwood; State Compensation Insurance Fund

In this case, Mark Vicario, an applicant, was injured while employed as a correctional officer by Ironwood State Prison. Psychological Assessment Services filed a Notice and Request for Allowance of Lien in the amount of $6,920.36 on August 26, 2014. The matter proceeded to a lien conference on May 22, 2019, and was set for trial for July 15, 2019. On the morning of the trial, a representative appeared without a file and a letter of representation. The Workers' Compensation Administrative Law Judge issued a Notice of Intention to Dismiss Liens for Non-Appearance at Lien Conference/Trial Pursuant to Title 8, California Code of Regulations Section 10562. The Workers' Compensation Appeals

Department of Corrections-Ironwood; State Compensation Insurance Fund Mark Vicario WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAMARK VICARIO, Applicantvs.DEPARTMENT OF CORRECTIONS-IRONWOOD; STATE COMPENSATION INSURANCE FUND, DefendantsAdjudication Number: ADJ9250853 Riverside District OfficeOPINION AND DECISION AFTER RECONSIDERATION            We granted reconsideration in order to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            Lien claimant, Psychological Assessment Services, seeks reconsideration of the Order issued by the workers’ compensation administrative law judge (WCJ) on August 7, 2019.1 By the Order, the WCJ dismissed lien claimant’s lien without prejudice for failure to appear at the July 15, 2019 lien trial.            Lien claimant contends that the Order denied its right to due process because it did appear at the lien trial and is entitled to payment from defendant.            We received an answer from defendant. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.            We have considered the allegations of lien claimant’s Petition for Reconsideration, defendant’s answer and the contents of the WCJ’s Report with respect thereto. Based on our review of the record and for the reasons discussed below, we will rescind the Order and return this matter to the trial level for further proceedings consistent with this opinion.FACTUAL BACKGROUND            Applicant’s claim was resolved by Stipulations with Request for Award, which was approved on December 14, 2015. The Stipulations reflect that applicant sustained injury to his 1 The Order is dated August 6, 2019, but was not served until August 7, 2019. , psyche through February 6, 2013 while employed as a correctional officer by Ironwood State Prison.            Lien claimant filed a Notice and Request for Allowance of Lien in the amount of $

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