EARTHWISE TRUCKING; GALLAGHER BASSETT SCOTTSDALE, DAVID ZUBIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID ZUBIA, Applicant,vs.EARTHWISE TRUCKING; GALLAGHER BASSETT SCOTTSDALE, Defendant(s).Case No. ADJ4653538 (BAK 01393130)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of this Appeals Board’s “Opinion and Order Granting Reconsideration and Decision After Reconsideration” of March 27, 2009, in which we granted reconsideration of the Findings and Award of January 13, 2009; rescinded that decision, and substituted a new Findings and Award allowing lien claimant, Channel Islands Orthopedic Medical Group, penalty and interest on $12,465.74, the amount stipulated at trial as still outstanding, with interest accruing retroactive to the date of defendant’s receipt of the Channel Island’s bill itemization. Defendant contends, in substance, that the Board erred in assessing a penalty and interest because defendant paid Channel Island’s bill at the “rate [then] in effect,” and that since Channel Island’s bill exceeded the Official Medical Fee Schedule (OMFS), it was not “properly documented,” which is a condition precedent to assessment of a penalty and interest. Channel Islands filed an answer. We deny defendant’s contentions for the reasons stated in our prior opinion, which we adopt and incorporate except for its reference to and reliance on defense Exhibit C. Defendant correctly points out that the exhibit is not evidence. Therefore, we will grant reconsideration to amend our prior opinion to strike all references to the exhibit, but otherwise affirm the decision. , We begin by noting that at 5:8-11 of its verified petition herein, defendant asserts that Channel Islands “billed for the services on August 3, 2004 in the total sum of $28,630.54. Respondent lien claimant was paid $8,449.49 plus stipulated amount of $12,465.74 for a total o
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