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Alberto Vasquez vs. Barry Avenue Plating; State Compensation Insurance Fund

Barry Avenue Plating; State Compensation Insurance Fund Alberto Vasquez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALBERTO VASQUEZ, Applicant,vs.BARRY AVENUE PLATING; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ6551234; ADJ6553660;ADJ6551315; ADJ6551627;ADJ7427373OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, Leo H. Hernandez, Attorney at Law (lien claimant), applicant’s prior attorney, seeks reconsideration of the Order Approving Compromise & Release issued by the workers’ compensation administrative law judge (WCJ) on July 7, 2011, wherein the WCJ approved the settlement of applicant’s workers’ compensation claims for the sum of $90,000.00 in addition to all benefits previously paid, less attorney fees of $13,500.00, payable to applicant’s present attorney, The Law Offices of Lionel Giron.            Lien claimant contends the WCJ erred in failing to address his lien for regal services, arguing that the July 7, 2011 decision does not provide for a division of attorney’s fees between applicant’s present attorney and himself.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be dismissed because lien claimant never filed a lien and that the matter be returned to the trial level to schedule a hearing on the reasonable value of lien claimant’s services. Lien claimant has submitted Petitioner’s Response to Judge’s Report and Recommendation, which is essentially a request for a supplemental pleading, pointing out that he filed a lien on October 12, 2010. We accept and have considered lien claimant’s supplemental pleading. (Cal. , Code Regs., tit. 8, § 10848.)            For the reasons set forth below, we will grant reconsideration of the July 7, 2011 Order Approving Compromise & Rele


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