Van-Pack, Inc.; Aims Insurance Company Jeffrey Fulp (Deceased) Mack Fulp (Applicant) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEFFREY FUIP (Deceased) MACK FULP (Applicant), Applicant,vs.VAN-PACK, INC.; AIMS INSURANCE COMPANY, Defendant(s).Case No. ADJ2017878 (VNO 0541633)OPINION AND ORDERS DISMISSING DEFENDANT’S PETITION FOR RECONSIDERATION, GRANTING RECONSIDERATION ON APPEALS BOARD MOTION, AND DECISION AFTER RECONSIDERATION In a petition for reconsideration filed April 12, 2011, defendant seeks reconsideration of the Lien Orders of March 8, 2011. in which the workers’ compensation judge (WCJ) ordered defendant to pay $3,700.00 to lien claimant Dr. Leoni and $600.00 to lien claimant Precision RX. Defendant contends, in substance, that the amounts ordered payable by the WCJ are based on incorrect assertions made by lien claimants at the hearing of March 8, 2011 that defendant had paid them less than the Official Medical Fee Schedule (OMFS). We have considered the allegations of the petition for reconsideration and the Report and Recommendation of the WCJ with respect thereto. Based on our review of the record, and for the reasons stated in said Report, which we adopt and incorporate, we will dismiss defendant’s petition for reconsideration because it was not timely filed. However, we will also follow the WCJ’s recommendation that the Board grant reconsideration on its own motion, rescind the Lien Orders concerning Dr. Leoni and Precision RX, and return this matter to the trial level for further proceedings and new decision on said liens by the WCJ. (See 2 Cal. Workers’ Compensation Practice 4th (Cont.Ed.Bar, 4th ed., June 2010 Update), § 21.67.) , For the foregoing reasons, IT IS ORDERED, that defendant’s petition for reconsideration is DISMISSED. IT IS FURTHER ORDERED, that reconsideration of the March 8, 2011 Lien Orders concerning Dr. Leoni and Precision Pharmacy is GRANT
