Proactive Packaging & Display, Inc.; Compwest Insurance Company, Helario Ferreira, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHELARIO FERREIRA,Applicant,vs.PROACTIVE PACKAGING & DISPLAY, INC.; COMPWEST INSURANCE COMPANY,Defendants,MIRZAIANS CHIROPRACTIC, INC.,Lien claimant.Case No. · ADJ3980535 (ANA 0406350)(Riverside District office)OPINION AND ORDER DENYING LIEN CLAIMANT’S PETITION FOR RECONSIDERATION Lien claimant Mirzaians Chiropractic, Inc., seeks reconsideration of the February 22, 2017 Supplemental Findings And Order of the workers’ compensation administrative law judge (WCJ), who found that lien claimant “failed to establish good cause to order payment” of its lien, and ordered the lien disallowed. Applicant’s claim of industrial injury to his skin, eye, psyche and in the form of stress while employed by defendant as a truck driver on April 2, 2007, was earlier settled by compromise and release agreement with a lump sum payment of $15,000.00 as approved by order of a different WCJ on February 15, 2011. Lien claimant contends that it is entitled to payment of $2,050.00 for services it provided to applicant, plus interest and penalties, notwithstanding that it provided the services after the 60 day time limit contained in defendant’s authorization for the services had expired.1 An answer was received from defendant./// 1 Lien claimant’s request to file a supplemental pleading containing proof of service of the petition for reconsideration on defendant is granted. (Cal. Code Regs., tit. 8, § 10848.) , The WCJ provided a Report . And Recommendation On Petition For Reconsideration recommending that lien claimant’s petition be denied. Having carefully reviewed the record and considered the allegations of lien claimant’s petition for reconsideration, the answer and the WCJ’s Report and February 22, 2017 Opinion On Decision (Opinion), reconsideration is denied for the reasons stated in the Report an
Helario Ferreira, vs. Proactive Packaging & Display, Inc.; Compwest Insurance Company,
is a case involving Proactive Packaging & Display, Inc., Compwest Insurance Company, and lien claimant Mirzaians Chiropractic, Inc. Helario Ferreira, the applicant, claimed industrial injury to his skin, eye, psyche and in the form of stress while employed by Proactive Packaging & Display, Inc. as a truck driver on April 2, 2007. The claim was settled by compromise and release agreement with a lump sum payment of $15,000.00 as approved by order of a different WCJ on February 15, 2011. Mirzaians Chiropractic, Inc. sought payment of $2,050.00 for services it provided to applicant, plus interest and penalties, despite providing the services
- Filed On:
- Court: California, Riverside
- Case No. ADJ3980535
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