DONALD GREEN vs. COMPTON UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

; ADJ2715753

COMPTON UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured DONALD GREEN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD GREEN, Applicant,vs.COMPTON UNIFIED SCHOOL DISTRICT,Permissibly Self-Insured, Defendant.Case Nos. ADJ2902954 (MON 0311579)ADJ2715753 (MON 0322246)(Marina del Rey District Office)OPINION AND ORDERSDISMISSING PETITION FORRECONSIDERATION;GRANTING REMOVAL;AND DECISION AFTERREMOVAL            Lien claimant Hawthorne Lawndale Medical Group, Inc., (Hawthorne) seeks reconsideration of the October 21, 2013 “ORDER SETTING ASIDE AMENDED ORDER ALLOWING LIEN OF HAWTHORNE LAWNDALE MEDICAL GROUP, INC. [DATED SEPTEMBER 25, 2013]” (Order Setting Aside) issued by Workers’ Compensation Administrative Law Judge Elena Jackson (Judge Jackson). Therein, Judge Jackson stated that “[d]ue to lack of proper service of the [September 19, 2012] Notice of Intent to Allow Lien/Lien Balance … or [sic] the [September 25; 2013] [Amended] Order Allowing the Lien, the Orders allowing lien of Hawthorne Lawndale Medical Group are hereby set aside.” The September 19, 2012 Notice of Intent to Allow Lien/Lien Balance and the September 25, 2013 Amended Order Allowing the Lien were issued by Judge Jacqueline Walker.            Hawthorne contends that Judge Jackson, who is not the judge regularly assigned to this matter, exceeded her authority in setting aside Judge Walker’s Amended Order allowing its $83,341.19 lien. Hawthorne argues that the Order Setting Aside was a result of ex parte communication between defendant’s newly substituted counsel, Martin & Martin, and Judge Jackson and that it was not afforded notice or opportunity to be heard on the issue of proper service of Judge Walker’s Orders.            Defendant filed an Answer. Judge Jackson issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we grant reconsideration. ,             Based on our review of the record and for the reasons discussed below, we will dismiss recon

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