POWERWAVE TECHNOLOGIES; 9 MATRIX ABSENCE MANAGEMENT, BEATRIZ RODRIGUEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABEATRIZ RODRIGUEZ, Applicant,vs.POWERWAVE TECHNOLOGIES;MATRIX ABSENCE MANAGEMENT, Defendants.Case No. ADJ2297692 (VNO 0472677)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Lien claimant, Intercommunity Medical Group (lien claimant), through its representative, Elite Lien Services, seeks reconsideration of the Order Dismissing Lien Claim(s) issued by a workers’ compensation administrative law judge (WCJ) on October 22, 2008, which dismissed lien claimant’s lien. Previously, on September 11, 2008, the WCJ issued a Notice of Intention to Disallow Lien Claim(s). In the underlying matter, applicant’s claim that she sustained industrial injury to her back, neck, wrist, arms and shoulders while employed as an assembler from April 2002 through April 8, 2003, was resolved by compromise and release on August 21, 2007. Lien claimant contends that the WCJ should not have issued the October 22, 2008 Order Dismissing Lien Claim(s), arguing that “there was no showing that lien claimant was not in compliance with Title 8, California Code of Regulations Section 10562” because its representative was available by telephone to resolve its lien. Lien claimant argues that it did not receive the September 11, 2008 Notice of Intention to Disallow Lien Claim(s) from its prior representative and was denied the ability to object to it. Defendant has filed an “Objection to Petition for Reconsideration” (answer). We have carefully reviewed the record and considered the allegations of the petition for reconsideration, defendant’s answer and the Report and Recommendation of Workers’ , Compensation Administrative Law Judge on Petition for Reconsideration (Report) of the WCJ. For the reasons set forth below and for the reasons stated by the WCJ in his Report, we will deny reconsideration of the October 22, 2008 Order Dismissing Li
BEATRIZ RODRIGUEZ, vs. POWERWAVE TECHNOLOGIES; 9 MATRIX ABSENCE MANAGEMENT,
In this case, Beatriz Rodriguez, an assembler, claimed to have sustained industrial injury to her back, neck, wrist, arms and shoulders while employed from April 2002 through April 8, 2003. The claim was resolved by compromise and release on August 21, 2007. Intercommunity Medical Group, through its representative, Elite Lien Services, filed a lien for $27,198.22. At a mandatory settlement conference, a representative for lien claimant appeared and listed exhibits for its lien. However, lien claimant did not appear at the September 11, 2008 trial and did not file any objection to the Notice of Intention to Disallow Lien Claim(s). The Workers' Compensation Appeals Board denied the petition for reconsider
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ2297692
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