CASEY HOWELL vs. BADGER EXPRESS; UNITED STATES FIDELITY & GUARANTY/AIMS INSURANCE SERVICES, INC., Adjusted By COTTINGHAM & BUTLER CLAIMS SERVICES

& ADJ4409933 (SBR0338901) In this case, lien claimant California Pharmacy Management (lien claimant) sought reconsideration of a Findings and Order (F&O) issued by a workers' compensation administrative law judge (WCJ). The WCJ found that lien claimant was entitled to partial reimbursement on its lien. The petition for reconsideration was filed untimely and was dismissed. However, the Workers' Compensation Appeals Board granted removal to itself and returned the matter to the WCJ for further proceedings on the issue of defendant's request for attorney's fees and costs and sanctions.

BADGER EXPRESS; UNITED STATES FIDELITY & GUARANTY/AIMS INSURANCE SERVICES, INC., adjusted by COTTINGHAM & BUTLER CLAIMS SERVICES CASEY HOWELL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACASEY HOWELL, Applicant,vs.BADGER EXPRESS; UNITED STATES FIDELITY & GUARANTY/AIMS INSURANCE SERVICES,INC., adjusted by COTTINGHAM & BUTLER CLAIMS SERVICES, Defendants.Case Nos. ADJ221559 (SBR 0338900)ADJ4409933 (SBR 0338901)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTINGREMOVAL ON APPEALS BOARD MOTION AND DECISION AFTER REMOVAL            Lien claimant California Pharmacy Management (lien claimant) seeks reconsideration1 of the Findings and Order (F&O) issued on July 12, 2012 by a workers’ compensation administrative law judge (WCJ). In that F&O, the WCJ found that lien claimant was entitled to partial reimbursement on its lien. Lien claimant filed a petition for reconsideration on August 13, 2012 and contended that the WCJ erred.            We have received an answer from defendant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ, which recommends denial of the petition.            We have reviewed the record, considered the allegations of the petition for reconsideration and the answer, and the contents of the Report. Based on our review of the record and for the reasons stated below, we will dismiss lien claimant’s petition. However, on our own motion, we will grant removal to the Appeals Board, and return the matter to the WCJ for further proceedings consistent with this opinion.            To be timely, a petition for reconsideration must be filed and received by the Appeals Board within twenty days of the service of the final order (plus an additional five days if service of the decision 1 The petition for reconsideration and the answer do not list a California State Bar number in the heading and the answer does not identify the filing attorney in the heading. We direct counsel for both parties to R

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