HEALTH NET, INC.; ARCH INSURANCE GROUP, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. GLORIA HANSEN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGLORIA HANSEN, Applicant,vs.HEALTH NET, INC.; ARCH INSURANCE GROUP, administered by SEDGWICKCLAIMS MANAGEMENT SERVICES, INC., Defendants.Case No. ADJ6838925(Van Nuys District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Lien claimant Employment Development Department (EDD) seeks reconsideration of the Amended Findings and Award and Order Re: EDD (F&A) issued in this case by the workers’ compensation administrative law judge (WCJ) on August 30, 2012. In that F&A, the WCJ ordered that the issues of EDD’s lien and duplicate payment of temporary disability indemnity to applicant Gloria Hansen (applicant) were taken off calendar and deferred. Lien claimant EDD contends in pertinent part that it should have been awarded its lien. We have not received an answer from applicant. We received an answer from defendant Sedgwick Claims Management Services, Inc., (defendant).1 We received a Report and Recommendation (Report) from the WCJ in response to the petition for reconsideration, which recommends denial of lien claimant EDD’s petition. We have reviewed the record and considered the allegations of the petition for reconsideration and the answer and the contents of the Report. Based on our review of the record, for the reasons stated below, we will grant lien claimant’s petition and amend the F&A to defer the issues of payment of 1 All attorneys are directed to Rule 10232, subdivision (4), which requires that all non-form legal pleadings contain a heading with the filing attorney’s name and California State Bar membership. (Cal. Code Regs., tit. 8, § 10232, subd. (4).) , EDD’s lien and duplicate payments to applicant (Findings 3, 5, Award, I b), otherwise affirm the F&A, and return the matter to the trial level for further proceed
GLORIA HANSEN vs. HEALTH NET, INC.; ARCH INSURANCE GROUP, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.
This case is about a lien claimant, Employment Development Department (EDD), seeking reconsideration of an Amended Findings and Award and Order Re: EDD (F&A) issued in a workers' compensation case. The F&A had ordered that the issues of EDD's lien and duplicate payment of temporary disability indemnity to the applicant, Gloria Hansen, were taken off calendar and deferred. The Workers' Compensation Appeals Board granted EDD's petition for reconsideration, amended the F&A to defer the issues of payment of EDD's lien and duplicate payments to applicant, otherwise affirmed the F&A, and returned the matter to the trial level for further proceedings as appropriate.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ6838925
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