Eduardo Calderon — ADJ8462608

Lien claimant Dental Injury Center's lien was dismissed for non-appearance at a November 9, 2021 continued lien trial after its representative, Leo Howry, called in to the conference line rather than appearing in person, following the DWC's October 1, 2021 return to in-person hearings. The WCJ found no request for telephonic appearance had been made before the hearing. Lien claimant sought reconsideration, arguing it requested virtual appearance and that the representative was unable to appear in person. The Board granted reconsideration, finding the WCJ failed to create a record of whether a request for telephonic appearance was made during the hearing and failed to document reasons for refusing such a request beyond the lack of a prior request. The Board rescinded the dismissal and remanded for the WCJ to either complete the lien trial or hold a hearing on whether telephonic appearance should be allowed.