Carlos Chavez vs. Steve Gold Dairy: Case Summary

In this case, Carlos Chavez, an employee of Steve Gold Dairy, filed a claim for industrial injury to his head, back, hips, legs, shoulders, and neck. The parties resolved the claim by compromise and release for the sum of $16,000. Khalid B. Ahmed, M.D., the lien claimant, sought reconsideration of the decision to disallow his lien claim in its entirety. The Workers' Compensation Appeals Board dismissed the petition for reconsideration due to it being filed after the statutory time period had lapsed. The Board also noted that the file did not reflect that the applicant was referred to the lien claimant for a second opinion, or that the agreed medical examiner recommended further medical treatment from the lien claimant

STEVE GOLD DAIRY; CIGA, By Its Servicing Facility, INTERCARE INSURANCE SERVICES, For PAULA INSURANCE, In Liquidation, CARLOS CHAVEZ, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS CHAVEZ,, Applicant,vs.STEVE GOLD DAIRY; CIGA, By Its Servicing Facility, INTERCARE INSURANCE SERVICES, For PAULA INSURANCE, In Liquidation,, Defendants).Case No.ANA 0365183OPINION AND ORDERDISMISSING PETITION FORRECONSIDERATION            Lien claimant, Khalid B. Ahmed, M.D., through his representative. Martí E. Oregel, seeks reconsideration of the April 27, 2007 Findings and Order wherein the workers’ compensation administrative law judge (WCJ) disallowed lien claimant’s lien claim in its entirety. Previously, the panics resolved applicant’s claim for industrial injury to his head, back, hips, legs, shoulders and neck while employed as a cow milker on February 24. 2002. by compromise and release for the sum of $16.000.00. which was approved on November 1.2005.            Lien claimant contends in essence that the WCJ erred in disallowing his lien, arguing that applicant was referred to lien claimant for a second opinion, that applicant requested a change of treating physician to the lien claimant pursuant to Labor Code sections 4061 and 40621. and that the agreed medical examiner (AME) Richard I. Woods, M.D., found a need for further medical treatment and recommended that applicant have orthopedic consults and physical therapy as deemed necessary by his treating physician.            We have considered the petition for reconsideration and we have reviewed the record in this matter. An answer was received from defendant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be 1Unless otherwise staled, all further statutory references arc to the Labor Code. , denied. For the reasons discussed below, we will dismiss lien claimant’s Petition for Reconsideration.            To be timely, a petition for reconsiderati

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