Guerrero, Marimar

A lien claimant petitioned for reconsideration of the WCJ's Findings of Fact, Notice of Intention, and Orders finding that applicant was entitled to reasonable fees under Labor Code section 5813 due to the lien claimant's sanctionable conduct. The lien claimant argued the sanctions were unjustified and violated due process rights. The Board granted reconsideration and amended Finding of Fact 6 to clarify that applicant's counsel only 'claims' she is entitled to reasonable fees, subject to the notice and opportunity to be heard afforded through the WCJ's Notice of Intention to impose sanctions. The Board found the original phrasing premature because the finding was still subject to the pending NIT process. The matter was returned to the WCJ to consider the objections raised in the petition as an objection to the Notice of Intention.