Harborside Inns Of Santa Barbara; Insurance Company Of The West / Explorer Insurance Delfina Moreno WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADELFINA MORENO, Applicant,vs.HARBORSIDE INNS OF SANTA BARBARA; INSURANCE COMPANY OF THE WEST / EXPLORER INSURANCE, Defendant,MARK DUELL, D.C., Lien claimant.Case No. ADJ126476OPINION AND ORDER DENYING RECONSIDERATION Lien claimant Mark Duell, D.C., seeks reconsideration of the May 26, 2010 Finding andOrder of the workers’ compensation administrative law judge (WCJ) who denied his lien claim ofS9.67l.52. and ordered that he take nothing because there was no evidence that iic was indefendant’s Medical Provider Network (MPN) at the time he provided services to applicant. Applicant’s claim of industrial injury to her left elbow and upper extremity, neck. back, spine and right leg while working for defendant Harborside Inns Of Santa Barbara as a housekeeper on June 21, 2005, was earlier settled by compromise and release on May 15. 2006. with a lump sum payment of $10.000.00. Lien claimant contends that his lien should have been allowed by the WCJ because defendant did not prove either the existence of an MPN. or that hen claimant was not in the MPN at the time services were provided. An answer was received from defendant and the WCJ provided a Report and , Recommendation on Petition for Reconsideration (Report). We deny reconsideration for the reasons stated by the WCJ in his Repon, which is incorporated bylthis reference, and for the reasons below. Lien claimant did not contest the existence of defendant’s MPN at or before trial and thereby waived his current contention that there is no such MPN. In addition, lien claimant did not meet his burden of proving that he was qualified to provide the claimed services by being part of defendant’s MPN at the lime the services were provided. Defendant admitted applicant’s claim of industrial injury, and the cla
