Armando Tinajero WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARMANDO TINAJERO, Applicant,vs. B & H FLOWERS, INC.; FLORISTS MUTUAL INSURANCE CO., Defendant(s).Case No. ADJ2335133 (GOL 0097375)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Mark Duell, Sr., D.C., seeks reconsideration of the March 26, 2010Findings and Order issued by a former workers’ compensation administrative law judge (WCJ)wherein the former WCJ disallowed Dr. Duell’s $13,230.68 medical treatment lien noting in his Opinion on Decision that defendant had paid for the all the treatment that it authorized. Based onthese findings, the former WCJ ordered that Dr. Duell take nothing further by way of his lien. Previously, applicant’s claim of industrial injury to his “back, entire spine, [and] leftlower extremity” while employed as a “flower picker/planter/nursery worker” on July 14, 2004 settled by way of an August 17, 2005 Order Approving Compromise and Release for $20,000.00. Subsequently, Dr. Duell’s unresolved lien was tried on March 16, 2006 and submitted fordecision. On March 21, 2010, the former WCJ ordered the matter off calendar due to insufficientevidence regarding the relationship between Dr. Duell and acupuncturist, Dr. Yang and the applicability of Labor Code’ section 139.3. Following additional proceedings, the case was reassigned to the current WCJ. Thereafter, a second lien trial took place on August 25, 2010 and resulted in the current WCJ’s decision from which Dr. Duell seeks reconsideration herein. 1 All further statutory references are to the Labor Code, unless otherwise noted. , Dr. Duell contends that the WCJ erred in disallowing his lien arguing that defendant didnot pay for any of the treatment that it authorized and that defendant did not deny any of thetreatment for which Dr. Duell requested authorization. Defendant filed an Answer, and the current WCJ issued a Report on Reconsideration (Report) recommending t
