Enrique Madrigal, vs. Kavlico Corp; Nova Pro Risk Solutions,

In this case, lien claimants Pacific Orthopedic and Rehabilitation and Serge Obukhoff, M.D., sought reconsideration of two separate Orders of Reimbursement, signed September 21, 2009, wherein the workers' compensation administrative law judge (WCJ) granted defendant's Petition for Reimbursement and ordered lien claimants to reimburse defendant in the amounts of $15,102.80 and $1,256.20, respectively. The WCJ also awarded interest from March 19, 2009 at 10% per annum. The Appeals Board granted lien claimants' Petition for Reconsideration, affirmed the WCJ's Order of Reimbursement, except that the orders were amended to delete the award of

KAVLICO CORP; NOVA PRO RISK SOLUTIONS, ENRIQUE MADRIGAL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA ENRIQUE MADRIGAL, Applicant,vs.KAVLICO CORP; NOVA PRO RISK SOLUTIONS, Defendant(s).Case Nos. ADJ4137919 (LAO 0855341)ADJ3018408 (LAO 0855344)OPINION AND ORDERS GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimants, Pacific Orthopedic and Rehabilitation and Serge Obukhoff, M.D., seek reconsideration of the two, separate, Orders of Reimbursement, signed September 21, 2009′, wherein the workers’ compensation administrative law judge (WCJ) granted defendant’s Petition for Reimbursement and ordered lien claimant, Pacific Orthopedic and Rehabilitation Group, to reimburse defendant in the amount of $15,102.80 “as reimbursement for amounts paid in error, plus $752.25 as interest from March 19, 2009 at 10% per annum, for a total of $15,855.05.” The WCJ also ordered lien claimant, Serge Obukhoff, M.D., to reimburse defendant in the amount of $1,256.20 “as reimbursement for amounts paid in error, plus $62.57 as interest from March 19, 2009 at 10% per annum, for a total of $1318.77.”            In their verified petition, petitioning lien claimants noted that they would “be issuing the reimbursement monies owed to defendant NovaPro on October 21, 2009 in the amounts of $15,102.80 and $1,256.20.” However, lien claimants contend that the WCJ erred by awarding interest in this matter and further contend that defendant’s Petition for Reimbursement “was never received nor was the WCAB Hearing Notice.” Defendant filed an Answer. 1Defendant was ordered to serve all parties but there is no proof of service in the file. However, petitioner acknowledges receipt of the Order of Reimbursement on an unspecified date. Neither defendant’s Answer or the WCJ’s Report and Recommendation on Petition for Reconsideration raised the issue of untimeliness of lien claimants’ October 20, 2009 petition. Therefore, we do not address the issue of tim

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