Aristeo Beltran vs. Robert Iest (an Individual) Zenith Insurance Company

(LAO 0883248)ADJ952779 (LAO 0883249)This case is about Robert Iest and Zenith Insurance Company appealing to the Workers' Compensation Appeals Board in the State of California. The lien claimant, BCP Collections, Inc., sought reconsideration of the Order Imposing Sanctions issued October 22, 2013 in the amount of $2,500. The WCJ found that the lien claimant and its representative knew or should have known that their tactics would cause an increase in the cost of litigation, unreasonable delay, and cause the Court to unnecessarily expend time and resources without good cause, and thus imposed sanctions. The Appeals Board affirmed the WCJ's Order Imposing Sanctions and granted removal on the

ROBERT IEST (An Individual) ZENITH INSURANCE COMPANY ARISTEO BELTRAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARIS TEO BEL TRAN, Applicant,vs.ROBERT IEST (An Individual); ZENITHINSURANCE COMPANY, Defendants.Case Nos. ADJ3319996 (LAO 0883248)ADJ952779 (LAO 0883249)OPINION AND DECISIONAFTER RECONSIDERATION;ORDER OF REMOVAL ONAPPEALS BOARD MOTION ANDNOTICE OF INTENTION TOIMPOSE SANCTIONS            In a document entitled “Petition for Reconsideration Regarding 10/21/13 Order Imposing Sanctions Labor Code Section 5813 Title 8, California Code of Regulations 10561”, lien claimant, BCP Collections, Inc. 1, seeks reconsideration of the Order Imposing Sanctions issued October 22, 2013 in the amount of $2,500.00. In the Third Amended Notice of Intention to Impose Sanctions, the workers’ compensation administrative law judge (WCJ) noted that “BCP Collections, Inc., by Mr. Javier Jimenez for Medical Recovery Solutions, LLC, (MRS) proceeded to trial on December 5, 2012 with no admissible evidence on the threshold issues as to the reasonableness and necessity of the treatment provided or the reasonableness of the charges claimed; and in that Lien Claimant never filed any Notice of Representation and was not properly identified on the record; and in that lien claimant and its representative knew or should have known that such tactics would cause an increase in the cost of litigation, unreasonable delay, and cause the Court to unnecessarily expend time and resources without good cause, (sanctions were imposed]”. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ set forth a factual and procedural summary of petitioner’s lien claim 1 Petitioner has acknowledged that the original lien was filed under the name of Los Angeles Orthopedics and that the lien claimant representative is Medical Recovery Solutions (MRS) which engaged Javier Jimenez to make appearances as a hearing representative. The Petition is signed by Joann Veitia and Javier

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