STATE OF CALIFORNIA, DEPT. OF CORRECTIONS & REHABILITATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency ANGELINA WILSON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELINA WILSON, Applicant,vs.STATE OF CALIFORNIA, DEPT. OFCORRECTIONS & REHABILITATION,Legally Uninsured; STATE COMPENSATIONINSURANCE FUND/STATE CONTRACTSERVICES, Adjusting Agency, Defendants.Case Nos. ADJ1524218 (SBR 0307413) ADJ4224771 (SBR 0301746) ADJ1704546 (SBR 0318173)(Van Nuys District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the October 18, 2013 Findings of Fact issued by the workers’ compensation administrative law judge (WCJ), wherein the WCJ found that the lien of Monica Wilson is not barred by the statute of limitations under Labor Code section 4903.5(a), and the same lien is not barred by failure to pay the lien activation fee. Defendant contends: (1) the lien of Monica Wilson is barred pursuant to the statute of limitations because the lien was not filed within 3 years from the date the services were provided pursuant to Labor Code section 4903.5(a); and (2) the lien of Monica Wilson is barred because there was no lien filing fee paid, pursuant to Labor Code section 4903.05(c)(1) and (2). No Answer has been filed. In her Report and Recommendation on Petition for Reconsideration (Report), the WCJ recommended that reconsideration be denied. After our review of the record, we shall grant reconsideration, rescind the Findings of Fact, and return this matter to the trial level for further proceedings and decision by the WCJ consistent with this opinion.BACKGROUND The case in chief settled by way of a Stipulated Award on January 29, 2013, which provided for permanent disability of 90%. The case proceeded to trial on the issue of the lien of Monica Wilson for , home health care services provided. Although
Angelina Wilson vs. State Of California, Dept. Of Corrections & Rehabilitation, Legally Uninsured; State Compensation Insurance Fund/state Contract Services, Adjusting Agency
In this case, the State of California, Department of Corrections and Rehabilitation, Legally Uninsured, and the State Compensation Insurance Fund/State Contract Services, Adjusting Agency, are defendants in a workers' compensation case involving lien claimant Monica Wilson. The case was settled by way of a Stipulated Award on January 29, 2013, and proceeded to trial on the issue of the lien of Monica Wilson for home health care services provided. The Workers' Compensation Appeals Board granted reconsideration, rescinded the Findings of Fact, and returned the matter to the trial level for further proceedings and decision by the WCJ consistent with the opinion. The Board noted that the record was deficient due to the lack of any documentary evidence being admitted
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ1524218
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