The answer to your Q depends on what you may have "missed" when you were not on freq. ATC could have issued you a Vector, Altitude Change, Etc.. If you did not "comply" with the ATC instructions, based on something you missed hearing, then that could be contrary to 91 regs. Did you squawk 7600? If you did, this could help in your favor.

So you really need to obtain a copy of ALL ATC data. Remember that this data (recordings) is only kept for a finite period of time. So recommend you request the data ASAP.