Lopez, Leonel & Sablan, Yolanda

Lien claimant Frontline Medical Associates sought reconsideration of a WCJ's order that vacated a prior consolidation of Frontline liens into the Sablan matter, re-consolidated them into a newly created Lopez master file, and deemed them dismissed with prejudice by operation of law under Labor Code section 139.21(e)(1) based on the criminal plea agreement of Paul Turley, Frontline's president. The Appeals Board found the Order Dismissing was issued in error because the Sablan consolidation proceedings concerned suspended provider Marisa Schermbeck Nelson, not Turley, so the WCJ lacked jurisdiction over Turley through those proceedings. The Board further held that no proceedings under section 139.21(e) can proceed until a provider is properly suspended with full due process safeguards, and there was no evidence in the record that Turley had been suspended under section 139.21. The Board also noted the Turley plea only dismissed liens 'to the extent within his power to do so,' meaning no specific liens were actually identified for dismissal, requiring an evidentiary hearing to determine which liens Turley had the power to forfeit. The Board rescinded the Order Dismissing in its entirety and returned the matter to the trial level for further proceedings, including dismissal of the Lopez SAU file.