All Paymentpayroll Services, Stu Segall Productions, Inc., Tig Insurance Company Billy Record WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABILLY RECORD, Applicant,vs.ALL PAYMENTPAYROLL SERVICES, STU SEGALL PRODUCTIONS, INC., TIG INSURANCE COMPANY, Defendants).Case No. VNO 275186OPINION AND ORDER DISMISSINGPETITION FOR RECONSIDERATIONLien claimant, David Silver, M.D. seeks reconsideration of the Findings and Award issued May 18, 2007 wherein the workers’ compensation administrative law judge (WCJ) found that defendant had underpaid petitioner’s lien in the amount of $2,618.82. In a petition filed June 15, 2007. lien claimant contends that the WCJ erred by failing to order payment of the “unpaid balance for medical treatment in the amount of $48.216.52.” Lien claimant argues that the official medical fee schedule, utilized by the WCJ in calculating the lien payment, was inappropriate because extraordinary circumstances justified an award of fees above the official medical fee schedule. Furthermore, lien claimant argues that defendant did not meet its burden of proof to show that lien claimant’s usual and customary charges were excessive. Defendant filed an answer. Based upon our review of the record, and for the reasons set forth herein, we will dismiss lien claimant’s petition because it is untimely. In the matter presently before us. lien claimant sought reconsideration of the WCJ’s Findings and Award, issued and served by mail on May 18, 2007, by petition filed on June 15,2007. The petition is therefore untimely. In a letter dated July 9, 2007, lien claimant’s “medical lien representative” acknowledged that the Petition for Reconsideration was filed “three days after the time provided for the filing of , such a petition under section 5903.” The medical lien representative requested that the petition be considered on the merits because the petition was not filed on time due to a clerical error and, pursuant to Code of Civ
