HYATT CORPORATION; BROADSPIRE; INSURANCE COMPANY OF STATE OF , PENNSYLVANIA, DAMASO GALLARO RUIZ (DAMASO GALLARDO-RUIZ), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAMASO GALLARO RUIZ(DAMASO GALLARDO-RUIZ), Applicant,vs.HYATT CORPORATION; BROADSPIRE;INSURANCE COMPANY OF STATE OF PENNSYLVANIA, Defendant(s).Case No. ADJ2216957 (MON 0281251)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Lien claimant David Silver, M.D., through his authorized representative Legal Service Bureau, seeks reconsideration of the August 17, 2009 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a steward on October 3, 1999, sustained industrial injury to his left knee, that $350.90 has been paid on Dr. Silver’s $1,360.00 lien, and that lien claimant’s representative did not produce the bill, report on lien, or any other exhibits at trial, and offered no explanation as to why. The WCJ ordered the outstanding lien balance disallowed. Lien claimant contends the WCJ erred in disallowing the lien, arguing that lien claimant s exhibits were filed and served on the Board and defendant on June 4, 2009, that lien claimant is entitled to a hearing on the merits, that justification exists to grant relief under Code of Civil Procedure section 473, and that the lien is valid and compensable. We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. , For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will deny lien claimant’s petition for reconsideration. Trial on Dr. Silver’s lien was held on July 6, 2009. Lien claimant was represented at trial by hearing representative William Zepeda of Le
Damaso Gallaro Ruiz (damaso Gallardo-ruiz), vs. Hyatt Corporation; Broadspire; Insurance Company Of State Of , Pennsylvania,
(MON 0281251) is a case in which lien claimant David Silver, M.D., through his authorized representative Legal Service Bureau, sought reconsideration of the August 17, 2009 Findings and Order, wherein the workers' compensation administrative law judge (WCJ) found that applicant, while employed as a steward on October 3, 1999, sustained industrial injury to his left knee, that $350.90 had been paid on Dr. Silver's $1,360.00 lien, and that lien claimant's representative did not produce the bill, report on lien, or any other exhibits at trial, and offered no explanation as to why. The WCJ ordered the outstanding lien balance disallowed. The Petition for
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2216957
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