RCR COMPANIES, ESIS c/o ACE USA, EDWIN GOMEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWIN GOMEZ, Applicant,vs.RCR COMPANIES, ESIS c/o ACE USA, Defendant(s).Case No. ADJ4003664 (LAO 0880376)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant, Chirag Amin, M.D., through his hearing representative, seeks reconsideration of the September 1, 2009 Order, wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s lien for medical treatment provided to applicant, who claimed he sustained industrial injury on June 16, 2007, while employed as a laborer/pipe installer. Applicant’s claim was resolved by Compromise and Release, approved by I the order of August 27, 2008. Lien claimant contends the WCJ erred in dismissing his lien, arguing that the WCJ violated Appeals Board Rule 10562 (Cal. Code Regs., tit. 8, § 10562), and that a determination should be made on the merits. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from defendant. For the reasons discussed below, we will grant lien claimant’s petition for reconsideration, amend the dismissal order to exclude lien claimant’s lien, and return the matter to the trial level for further proceedings and a new decision on Dr. Amin’s lien. On August 3, 2009, the WCJ issued a notice of intention to dismiss several liens for failure i by the lien claimants to appear at the August 3, 2009 hearing. The notice said that the liens or lien balances would be dismissed unless “good cause written objection is filed and served within ten , (10) days hereof, under penalty of perjury, including a statement for the reason for the non- appearance.” The notice of intention was served by mail. Lien claimant filed a verified objection to the notice of intention. The proof of service shows personal s
Edwin Gomez, vs. Rcr Companies, Esis C/o Ace Usa,
is a case in which lien claimant, Chirag Amin, M.D., sought reconsideration of the September 1, 2009 Order, wherein the workers' compensation administrative law judge (WCJ) dismissed lien claimant's lien for medical treatment provided to applicant, Edwin Gomez, who claimed he sustained industrial injury on June 16, 2007, while employed as a laborer/pipe installer. The WCJ granted the petition for reconsideration, amended the dismissal order to exclude lien claimant's lien, and returned the matter to the trial level for further proceedings and a new decision on Dr. Amin's lien.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ4003664
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