Alberto Rivas vs. G&r Paint Company And State Farm Fire & Casualty Company

In this case, Luis Araneda, a physical therapist, sought reconsideration of an order from the workers' compensation administrative law judge (WCJ) that required him to pay the applicant three times the amount that the applicant paid to him for treatment. The WCJ also allowed the defendant an attorney fee in the amount of $1,050.00 to be paid by Araneda. However, Araneda's petition for reconsideration was untimely and was dismissed by the Workers' Compensation Appeals Board.

G&R Paint Company And State Farm Fire & Casualty Company Alberto Rivas WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALBERTO RIVAS, Applicant,vs.G&R PAINT COMPANY and STATE FARM FIRE & CASUALTY COMPANY, Defendants.Case No. ADJ6801061OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Luis Araneda, P.T., D.P.T., a physical therapist apparently employed by Campus Physical 1 Therapy, Inc. (hereafter “Dr. Araneda” or “petitioner”) seeks reconsideration of the February 10, 2010 “Order Allowing Attorney l ees” in which the workers’ compensation administrative law- judge (WCJ) allowed defendant an attorney fee in the amount of $1,050.00 to be paid by Dr. Araneda. Reconsideration is also sought from the WCJ’s September 30, 2009 Order in which he ! ordered Dr. Araneda to pay applicant the sum of $4,050.00, three times the amount paid by- applicant to him for treatment. Previously, the WCJ had issued a Notice of his intention to award applicant a fee of three times the charges paid pursuant to Labor Code section 3751, subdivision (b). The underlying claim involves applicant’s left knee injury on July 25, 2008.            Petitioner contends, in essence, that the WCJ erred in issuing the September 30, 2009 Order in which the WCJ ordered petitioner to pay applicant three times the amount that applicant paid to petitioner, or the sum of $4,050.00. Petitioner argues that treatment w’as provided to applicant from August 15, 2008 through September 10, 2008, but Dr. Araneda did not know that applicant filed a workers’ compensation claim until December 8, 2008, when he was so informed by defendant. Petitioner requests that both the September 30, 2009 Order and the February 10, , 2010 Order allowing defendam an attorney fee be vacated. No Answer was found in the Electronic Adjudication Management System (EAMS) or in the file forwarded to us.            Initially, we note that petitioner’s Petition for Reconsideration is untimely and must be dismissed. There

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