UCLA, permissibly self-insured, ARLEEN LOGAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARLEEN LOGAN, Applicant,vs.UCLA, permissibly self-insured, Defendant.Case No. ADJ531686 (LBO 0336423)OPINION AND DECISION AFTER RECONSIDERATION On September 24, 2008, we granted the petition for reconsideration of lien claimant, James M. Richards, M.D., Inc. (Dr. Richards), of the Order of July 1, 2008, to obtain from defendant copies of its proof of service of the August 30, 2006 Compromise and Release (C&R) and Order Approving the C&R (OACR) and for such further purposes as we deemed appropriate. We also issued a notice of our intention to admit into evidence the documents received from defendant pursuant to our September 24, 2008 Order. Defendant has served and filed its proof of service on Richards of the C&R and the OACR. This is our Opinion and Decision After Reconsideration.the July 1, 2008 Order, the workers’ compensation judge (WCJ) disallowed Dr. Richards’ lien claim, as untimely filed, pursuant to Labor Code section 4903.51, in light of the August 30, 2006 settlement by C&R of applicant’s case-in-chief for the industrial injury she sustained to her wrists, thumbs, upper extremities, and left hand and elbow, and claimed to sustain to her psyche, during a period through March 7, 2002, while employed by defendant as an administrative assistant. In the petition for reconsideration, Dr. Richards contended that the WCJ erred in disallowing the lien claim and that it should be decided on the merits, arguing that jurisdiction over the lien claim was reserved in the C&R of August 30, 2006, that defendant was aware of the lien 1All further statutory references are to the Labor Code, unless otherwise noted. , claim prior to approval of the C&R, that defendant failed to try to resolve the lien claim, that defendant was not prejudiced by the late filing of the lien claim, and, therefore, that defendant should be estopped from asserting that the lie
Arleen Logan, vs. Ucla, Permissibly Self-insured,
(LBO 0336423)In this case, UCLA, a permissibly self-insured employer, was sued by Arleen Logan, an administrative assistant, for an industrial injury she sustained to her wrists, thumbs, upper extremities, and left hand and elbow, and claimed to sustain to her psyche, during a period through March 7, 2002. The parties settled the claim by Compromise and Release (C&R) for approximately $53,000. The lien claimant, James M. Richards, M.D., Inc., filed a lien claim for medical services provided to Logan, but it was disallowed as untimely filed. The Workers' Compensation Appeals Board rescinded the Order of July 1, 2008
- Filed On:
- Court: California, Long Beach
- Case No. ADJ531686
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