UCLA MEDICAL CENTER, Permissibly Self-Insured, Administered by, SEDGWICK CMS, BERTHA LEON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABERTHA LEON, Applicant,vs.UCLA MEDICAL CENTER, Permissibly Self-Insured, Administered by, SEDGWICK CMS, Defendant(s).Case No. ADJ3707641 (VNO 0530022)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Advanced Orthopedics seeks reconsideration of the June 12, 2009 order of dismissal, wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s lien because lien claimant submitted no evidence to provt the reasonableness of its charges. Lien claimant contends that dismissal of its lien deprived it of due process and that it was denied its right to challenge the WCJ. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will grant reconsideration, rescind the WCJ’s order, and order the lien disallowed. Applicant’s underlying claim for industrial injury during the period November 18, 2004, to November 18, 2005, to her back, shoulders, and upper extremities was resolved by the December 18, 2008 Order Approving Compromise and Release. A lien conference was held on March 26, 2009, where lien claimant was represented by a hearing representative. A pre-trial conference statement was prepared, and trial was set for June 8, 2009, before WCJ Goldman. , The WCJ described the day of trial, as follows: “…On the date of trial, petitioner failed to appear, although several other lien claimants appeared and settled liens. On the insistence of this WCJ, lien claimant was contacted and this Court was informed that they received no notice
Bertha Leon, vs. Ucla Medical Center, Permissibly Self-insured, Administered By, Sedgwick Cms,
In this case, Bertha Leon, the applicant, was injured during the period of November 18, 2004 to November 18, 2005. Advanced Orthopedics, the lien claimant, sought reconsideration of the June 12, 2009 order of dismissal, wherein the workers' compensation administrative law judge (WCJ) dismissed lien claimant's lien because lien claimant submitted no evidence to prove the reasonableness of its charges. The WCJ granted the petition for reconsideration and rescinded the order of dismissal, ordering the lien disallowed. The WCJ found that lien claimant had the opportunity to litigate its lien, but failed to meet its burden of proof, and thus there was no denial of due process. The WCJ
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3707641
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