Dionicio Rios, vs. Mjo Staffing, Inc.; American Home Assurance Administered By Chartis Claims, Inc., (formerly Known As Aig Domestic Claims),

This case is about a lien claimant, Superior Medical Surgical, Inc. c/o American Medical Group, who seeks reconsideration of an Order Dismissing Lien dated September 2, 2009, which was served by defendant on September 21, 2009. The lien claimant had filed a lien for $4,992.82, for durable medical equipment provided to the applicant, who claimed he sustained industrial injury to his left knee, back, and waist, while employed as a material handler on July 29, 2006. The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration, rescinded the Order Dismissing Lien, and returned the matter to the trial level for further proceedings.

MJO STAFFING, INC.; AMERICAN HOME ASSURANCE ADMINISTERED BY CHARTIS CLAIMS, INC., (FORMERLY KNOWN AS AIG DOMESTIC CLAIMS), DIONICIO RIOS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIONICIO RIOS, Applicant,vs.MJO STAFFING, INC.; AMERICAN HOME ASSURANCE ADMINISTERED BY CHARTIS CLAIMS, INC., (FORMERLY KNOWN AS AIG DOMESTIC CLAIMS), Defendant(s).Case No. ADJ570847 (VNO 0534313)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Superior Medical Surgical, Inc. c/o American Medical Group seeks I f reconsideration of the Order Dismissing Lien dated September 2, 2009, and served by defendant on September 21, 2009, wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s lien with prejudice. Lien claimant had filed a lien for $4,992.82, for durable medical equipment provided to applicant, who claimed he sustained industrial injury to his left knee, back, and waist, while employed as a material handler on July 29, 2006. Applicant’s underlying claim was resolved by the August 20, 2008 Order Approving Compromise & Release.            Lien claimant contends the WCJ erred in dismissing its lien for failure to appear at trial, arguing that. its representative was unavailable that day and provided notice of availability by telephone, and that defendant fraudulently delayed service of the Order Dismissing Lien in an effort to deprive lien claimant of time to seek reconsideration.            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 lien claimant’s petition be denied. ,             For the reasons discussed below, we will grant lien claimant’s petition for reconsideration, rescind the Order Dismissing Lien, and return the matter to the trial level for further proceedings.            Prio

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