PAMARCO PACIFIC, INC.; THE HARTFORD, CAMERON PIERCE, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAMERON PIERCE,, Applicant,vs.PAMARCO PACIFIC, INC.; THE HARTFORD, .Defendant(s).Case Nos.ANA 0398952ANA 0362236OPINION AND ORDER DISMISSINGPETITION FOR RECONSIDERATION Lien claimant, Sherman Oaks Hospital and Health Center (hereafter “lien claimant” or “petitioner”) seeks reconsideration of the Findings of Fact and Order issued by a workers’ compensation administrative law judge (WCJ) on May 24, 2007, wherein the WCI found that applicant, while employed as an inspector/shipping clerk during the period from February 2001 through February 26, 2002, sustained industrial injury to his spine. The WCJ also noted that applicant’s claim was resolved with defendant by way of Compromise and Release (C&R) in the amount of $30,000.00, which was approved on December 27, 2006. Lien claimant’s unresolved lien, in the amount of $71,065.00 was for charges for inpatient hospital treatment. Pursuant to the parties’ stipulations, the WCJ found that defendant’s payment to lien claimant was made in accordance with inpatient Official Medical Fee Schedule. The WCJ found that applicant’s inpatient hospital stay was at lien claimant’s facility as a result of the back surgery’ was not self- procured medical treatment and ordered that lien claimant was not entitled to additional payment from defendant. As set forth below, lien claimant’s petition is untimely and must be dismissed.There are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail upon a party at an address in California. (Lab. Code, §§ , 5900, subd. (a). 5903, 5316; Cal. Code Regs, lit 8. § 10507; Code Civ. Proc., § 1013.) The time limit for filing a petition for reconsideration from a decision of a WCJ is set by Labor Code section 5903 and is jurisdictional. Pursuant to Board Rule 10390 (Cal. Code Regs., tit 8, § 10390), documents which ar
Cameron Pierce, vs. Pamarco Pacific, Inc.; The Hartford,
In this case, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by Sherman Oaks Hospital and Health Center of the Findings of Fact and Order issued on May 24, 2007, as it was not timely filed. The WCJ found that applicant's inpatient hospital stay was at lien claimant's facility as a result of the back surgery and was not self-procured medical treatment and ordered that lien claimant was not entitled to additional payment from defendant.
- Filed On:
- Court: Anaheim, California
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