Anh Nguyen vs. Hometown Buffet; Discover Re

Hometown Buffet; Discover Re Anh Nguyen WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANH NGUYEN, Applicant,vs.HOMETOWN BUFFET; DISCOVER RE, Defendant(s).Case No. ADJ2631872OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Psychological Assessment Services seeks reconsideration of the Findings and Order served on May 18, 2010, wherein the workers’ compensation administrative law judge (WCJ) found that lien claimant Dr.Nelson Flores, Ph D., and Psychological Assessment Services failed to prove that the treatment provided was necessary to cure or relieve the effects of applicant’s industrial injury. The WCJ ordered lien claimant to take nothing further from defendant. Applicant’s claim that she sustained industrial injury on March 16, 2003, while employed as a line server, was previously settled by Compromise and Release, for her claimed psychiatric injury, and by stipulated award, for the admitted orthopedic injuries.            Lien claimant contends the WCJ erred in disallowing lien claimant’s lien, arguing that the evidence docs not support the WC’J’s finding that lien claimant failed to prove the treatment was reasonable and necessary, that lien claimant’s delayed rebuttal of defendant’s qualified medical evaluator’s (QME) report does not justify the WCJ’s finding that the rebuttal report was not credible or that it was inadmissible, and that applicant’s unavailability at trial docs not justify exclusion of her deposition transcript.            We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition , for Reconsiderai ion (Report), recommending that the petition be denied.            For the reasons discussed below, we will grant lien claimant’s petition for reconsideration, rescind the Findings and Order, and return the matter to the trial level for further proce