Joni Little vs. Atascadero Unified School District; York Insurance Services Group Inc.

This case is about the Atascadero Unified School District and York Insurance Services Group Inc. Joni Little, the applicant, claimed to have sustained a specific injury to her psyche on December 7, 2007. The matter was settled by way of a Compromise and Release (C&R) on June 8, 2010. Lien claimant Med Legal did not attend the hearing, having only learned of it the day before from defendant. On June 15, 2010, the WCJ issued a Notice of Intent (NIT) to dismiss the lien. The lien claimant submitted a timely response to the NIT on June 28, 2010, but the WCJ did not receive that objection to the NIT and disallowed the lien on

Atascadero Unified School District; York Insurance Services Group Inc. Joni Little WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIJONI LITTLE, Applicant,vs.ATASCADERO UNIFIED SCHOOL DISTRICT; YORK INSURANCE SERVICES GROUP INC.,, Defendant.Case No. ADJ6532010OPINION AND ORDERS DISMISSING RECONSIDERATION AND DENYING REMOVAL            Defendant Atascadero Unified School District (defendant) seeks reconsideration of or. in the alternative, removal to the Appeals Board with regard to the order of August 6. 2010. wherein the workers’ compensation administrative law judge (WCJ) set aside the order disallowing the lien of lien claimant Med Legal (lien claimant). Defendant contends (hat lien claimant’s petition for reconsideration of the order disallowing the lien was untimely.            We have considered the allegations of the petition for reconsideration or, in the alternative, removal and the contents of the record, including the WCJ’s Report and Recommendation on Petition for Reconsideration (Repon). Wc have not received answers from lien claimant or from applicant Joni Little (applicant).                        Based upon our review of the record and the Repon, which we adopt and incorporate, and for the reasons discussed below, wc will dismiss defendant’s petition for reconsideration. In addition, for the reasons discussed below, we will deny the petition for removal.Relevant Facts            Applicant, while working as an instructional aide for defendant, claimed that she sustained specific injury to her psyche on December 7, 2007. The matter was settled by way of Compromise 1 Unless otherw ise stated, all further statuier)’ references are to the Labor Code. , and Release (C&R), approved on June 8, 2010. Lien claimant did nol aiiend the hearing, having only learned of it the day before from defendant, and an agreement by defendant to hold applicant harmless from lien claimant’s lien was incorporated in the C&R.            On June 15, 2010,1 the WCJ issued a N

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