Bruce Meyers, vs. Pebble Beach Company; Intercare Insurance Services,

In this case, Bruce Meyers, an employee of Pebble Beach Company, was found to have sustained an industrial cumulative trauma injury to his back and right leg through March 12, 2004. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the December 4, 2009 Joint Findings and Order, which allowed the lien of Monterey Culinary Insurance in the amount of $114,853.14 plus interest. The Board noted that the date that interest commences was not determined by the December 4, 2008 decision and that the parties should attempt to informally resolve any dispute over this issue.

PEBBLE BEACH COMPANY; INTERCARE INSURANCE SERVICES, BRUCE MEYERS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRUCE MEYERS, Applicant,vs.PEBBLE BEACH COMPANY; INTERCAREINSURANCE SERVICES, Defendants.Case Nos. ADJ1801894 (SAL 0110321)ADJ1464254 (SAL 0110322)ADJ1948360 (SAL 0115621)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the December 4, 2009 Joint Findings and Order wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a cook by Pebble Beach Company, sustained an industrial cumulative trauma injury through March 12, 2004 to his back and right leg. The WCJ also allowed the lien of Monterey Culinary Insurance in the amount of $114,853.14 plus interest pursuant to Labor Code section 4603.2.            Defendant contends that the WCJ erred in allowing the lien, arguing that defendant had no notice that applicant was in need of medical care and that defendant did not have an opportunity to obtain a spinal surgery second opinion pursuant to Labor Code section 4062(b). In the alternative, defendant contends that the lien is excessive, arguing that the amount billed far exceeds the amount allowed under the official medical fee schedule and that interest on this award should begin running no sooner than December 4, 2008 pursuant to Labor Code section 5800.            We have considered the petition for reconsideration, and we have reviewed the record in !I this matter. We have received an answer from lien claimant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that the petition be denied. ,             For the reasons discussed by the WCJ in his report, which we adopt and incorporate by reference, we will deny defendant’s petition for reconsideration. We note that the date that interest commences was not determined by the December 4, 2008 decision. Therefore, the parties should attempt to informally r

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