Minilec Service, LLC; Employers Compensation Insurance Company Hilario Lomas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHILARIO LOMAS, Applicant,vs.MINILEC SERVICE, LLC; EMPLOYERS COMPENSATIONINSURANCE COMPANY, Defendants.Case Nos. ADJ6710421ADJ6710514(Los Angeles District Office)OPINION AND ORDERS DENYING REMOVAL, GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimants, Bell Community Medical Group and ManagedMed, seek reconsideration of the Joint Findings and Order, issued March 1I, 2013, in which a workers’ compensation administrative law judge (WCJ) disallowed their lien claims for reimbursement for medical treatment expenses arising out of applicant’s claims for a specific injury to his brain, back, shoulders and finger on March 1, 2008, and cumulatively over the period ending January 23, 2009, while employed as a repair technician by Minilec Service LLC. As explained in her Opinion on Decision, the WCJ found lien claimants failed to meet their burden to establish the validity of their liens, including establishing that applicant sustained injury arising out of and in the course of his employment. Lien claimants contend the WCJ erred in disallowing their liens for medical treatment expenses, arguing the WCJ failed to consider all the medical evidence, including the report of an Agreed Medical Examiner (AME), whose report rated applicant’s disability at 27%. Lien claimant further argued that the WCJ’s reliance upon defendant’s post-termination defense was not supported by the record, and it was entitled to reimbursement for services rendered prior to defendant’s denial of applicant’s claim. On April 8, 2013, the WCJ issued an Order Rescinding Decision and Setting Further Proceedings, pursuant to WCAB Rule 10859, wherein the WCJ rescinded the order as it pertained to ADJ6710421, the claim of cumulative trauma injury, as that was the only case number listed on lien claimants’ petition.1 1 Lien claima
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