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Anthony Lane vs. Multifoods Distribution Group;liberty Mutual Insurance Company

Multifoods Distribution Group;Liberty Mutual Insurance Company Anthony Lane WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTHONY R. LANE,Applicant, vs. MULTIFOODS DISTRIBUTION GROUP;LiBERTY MUTUAL INSLURANCE.DefendantCase Nos. ADJ2942517 (LBO 0343924) ADJ141977 (LBO 0343923)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION            Lien claimant. L.A. Regional Surgical Center (lien claimant), through its representative CMS Network. Inc., seeks reconsideration of the Findings and Order issued by the workers compensation administrative law judge (WCJ) on June 10, 2010, wherein the WCJ disallowed the balance of lien claimant’s lien in the sum of $63,810.27 for two dates of service for outpatient services at its facility. Prior to the lien trial, lien claimant billed S75.505.00 for outpatient surgery center services it provided at its facility, and defendant paid $11.694.73. In the underlying case, an order approving compromise and release issued on September 30, 2008. resolving applicant’s claim that he sustained industrial injury- to his back, psyche, internal and stomach, while employed as a truck driver/unloader on October 28. 2002 (ADJ2942517 (I.BO 0343924)). and from February 28. 2002 to October 28. 2002 (ADJ141977 (I.BO 0343923)).            Lien claimant contends the WCJ erred in disallowing the balance of its lien, arguing that he did not apply the correct standard under Kunz v. Patterson Floor Covering (2002) 67 Cal.Comp.Cases 1588 (Appeals Board en banc). Lien claimant also contends in essence that defendant has the burden to show that the lien charges arc unreasonable. ,             We have considered the petition for reconsideration and we have reviewed the record in this matter. Defendant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. Based on our review of the entire record and for the reasons set forth below and in the WCJ’s Report, we wi


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