Elizabeth Evans vs. Pacific Ambulance: Redwood Fire & Casualty Case

In this case, Elizabeth Evans, an emergency medical technician, filed a workers' compensation claim after sustaining an industrial injury to her shoulders, elbow, wrist, hand, neck, upper back, mid back, and sleep. The parties settled via a Compromise and Release, and the workers' compensation administrative law judge (WCJ) ordered that defendant pay lien claimant $500.00 as full and final satisfaction of the lien. The lien claimant sought reconsideration of the WCJ's order, arguing that $500.00 was not a reasonable award for lien claimant's outstanding lien. After reconsideration, the Workers' Compensation Appeals Board dismissed the lien claimant's petition as untimely and admonished them for violating WC

Pacific Ambulance Service; Redwood Fire & Casualty Company Elizabeth Evans WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELIZABETH EVANS, Applicant,vs.PACIFIC AMBULANCE SERVICE; REDWOOD FIRE & CASUALTY COMPANY, Defendants.Case No. ADJ1516009 (VNO 0552819)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted lien claimant Santa Clarita Surgery Center’s Petition for Reconsideration (Petition) to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Lien claimant sought reconsideration of the June 4, 2012 Order Re: Lien of Santa Clarita Surgery Center (Order), wherein the workers’ compensation administrative law judge (WCJ) ordered that defendant pay lien claimant $500.00 as full and final satisfaction of the lien. The parties appear to have settled, via a Compromise and Release approved on November 1, 2010, applicant’s underlying claim that, while employed as an emergency medical technician on September 17, 2007, she sustained an industrial injury to both shoulders, left elbow, left wrist, left hand, neck, upper back, mid back, and sleep.1            Lien claimant contended that the WCJ erred in ordering defendant to pay lien claimant $500.00 for the services it performed, arguing that $500,00 is not a reasonable award for lien claimant’s outstanding lien.            We have considered the Petition and we have reviewed the record in this matter. We have not received an answer. The WCJ prepared a Report and Recommendation on lien claimant’s Petition for Reconsideration (Report), recommending that the Petition be dismissed as untimely. 1 Although lien claimant mentions the Compromise and Release in its December 22, 2010 Declaration of Readiness toProceed, there is no Compromise and Release in the record in EAMS. ,             For the reasons discussed below, we will vacate our August 27, 2012 Opinion and Order Granting Reconsideration and dismiss lien claimant’s Petition.           

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