Hronis, Inc.; Zenith Insurance Company Alfonso Alcaraz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALFONSO ALCARAZ, Applicant, vs. HRONIS, INC.; ZENITH INSURANCE COMPANY,Case No. ADJ6117605OPINION AND ORDERS DISMISSING PETITIONS FOR RECONSIDERATION; GRANTING REMOVAL ON APPEALS BOARD MOTION; AND NOTICE OF INTENTION TO IMPOSE SANCTIONS ON LIEN CLAIMANTS Lien claimants K. Rad Payman, M.D. (Dr. Payman), and Silver Orthopedic Center (Silver) each seek reconsideration of the June 7, 2011 Findings of Fact, Orders & Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that neither Dr. Payman’s $2,500.16 lien nor Silver’s $3,086.08 lien were for reasonable and necessary medical treatment or for reasonable medical-legal expenses necessary to prove or disprove a contested claim. Based on these findings, the WCJ disallowed Dr. Payman’s and Silver’s liens and ordered them to take nothing. Previously, the parties resolved applicant’s underlying claim of injury to his right shoulder while employed on October 3, 2007 as a seasonal irrigator by an August 25, 2010 Order Approving Compromise and Release (OACR) for $35,000.00. As part of the OACR, defendant was ordered to “pay, adjust, or litigate and hold Applicant harmless from all industrial liens of record.” Following additional proceedings, Dr. Payman’s and Silver’s unresolved liens proceeded to a lien trial on May 3, 2011 and resulted in the WCJ’s decision from which petitioners seek reconsideration herein. In their respective Petitions for Reconsideration, Dr. Payman and Silver appear to contend that they have discovered new evidence in their favor. Defendant did not file an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we dismiss lien claimants’ Petitions for Reconsideration , as moot, as untimely, as not properly served, and as skeletal, or, alternatively, that we deny them o
Alfonso Alcaraz vs. Hronis, Inc.; Zenith Insurance Company
In this case, Alfonso Alcaraz was injured while employed as a seasonal irrigator on October 3, 2007. The parties resolved his claim with an Order Approving Compromise and Release for $35,000.00. Lien claimants K. Rad Payman, M.D. (Dr. Payman), and Silver Orthopedic Center (Silver) each sought reconsideration of the June 7, 2011 Findings of Fact, Orders & Award issued by the workers' compensation administrative law judge (WCJ). The WCJ found that neither Dr. Payman's $2,500.16 lien nor Silver's $3,086.08 lien were for reasonable and necessary medical treatment or for reasonable medical
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6117605
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