CITY OF LOS ANGELES, Permissibly Self-Insured, Adjusted by TRISTAR CHRISTOPHER BORUNDA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER BORUNDA, Applicant,vs.CITY OF LOS ANGELES, Permissibly Self-Insured,Adjusted by TRISTAR, Defendants.Case No. ADJ1682357 (LBO 0395330)OPINION AND DECISION AFTER RECONSIDERATION The Appeals Board granted lien claimant, “Grant & Weber, on behalf of Torrance Memorial Medical Center’s”, Petition for Reconsideration of the Findings and Order issued January 9, 2012, in order to study the facts and applicable law. The Appeals Board has completed its review and the following is our Decision After Reconsideration. In the Findings and Order issued January 9, 2012, the workers’ compensation administrative law judge (WCJ) found that “as an express agreement controls this dispute, the Appeals Board has no jurisdiction over the lien of Torrance Memorial Medical Center.” The WCJ ordered that “the lien of Torrance Memorial Medical Center is dismissed.” In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ stated the bases for the decision noting that Labor Code section 5304 removes the Workers’ Compensation Appeals Board’s jurisdiction over this contractual dispute. The Report also sets forth the WCJ’s reasons for finding that an express agreement existed. Lien claimant contends that the WCJ erred by finding that Labor Code section 5304 removes jurisdiction from the Workers’ Compensation Appeals Board. Lien claimant argues that numerous Appeals Board decisions and appellate court authority support lien claimant’s contention that an “express agreement”, for purposes of Labor Code section 5304 jurisdiction, did not exist. Lien claimant further , contends that defendants did not present substantial evidence of an “express agreement” and that the WCJ’s decision was not based upon substantial evidence. We have considered lien claimant’s petition and th
