Bertha Leon, vs. Ucla Medical Center, Permissibly Self-insured, Administered By, Sedgwick Cms,

In this case, the Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration of the September 1, 2009 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, which had disallowed the lien. The lien claimant had argued that their right to due process was violated, but the Board found that they had notice of trial and an opportunity to present their evidence, and thus there had been no denial of due process.

UCLA MEDICAL CENTER, Permissibly Self-Insured, Administered by, SEDGWICK CMS, BERTHA LEON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABERTHA LEON, Applicant,vs.UCLA MEDICAL CENTER, PermissiblySelf-Insured, Administered by, SEDGWICK CMS, Defendant(s).Case No. ADJ3707641 (VNO 0530022)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Lien claimant Advanced Orthopedics seeks reconsideration of the September 1, 2009 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, wherein we disallowed lien claimant’s lien.            Lien claimant contends that we failed to consider its Answer to the WCJ’s Report and Recommendation on Petition for Reconsideration (Report), and that its right to due process was violated.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from defendant.            For the reasons expressed in our September 1, 2009 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, which we incorporate herein by reference, and for the reasons discussed below, we will deny lien claimant’s petition for reconsideration.            The Labor Code and the Appeals Board’s Rules do not authorize an Answer to a Report by a workers’ compensation administrative law judge (WCJ). An “answer” is a response to a petition for reconsideration, removal, or disqualification filed by an “adverse party.” (Lab. Code, § 5905; Cal. Code Regs., tit. 8, §§ 10840(a), 10842(b), 10843(b), 10844.) Appeals Board Rule 10848 , provides,       “When a petition for reconsideration, removal or disqualification       has been timely filed, supplemental petitions or pleadings or       responses other than the answer shall be considered only when       specifically requested or approved by the Appeals Board.       Supplemental petitions or pleadings or responses other than the       answer, except as provid

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