LOCKHEED MARTIN SPACE SYSTEMS, Permissibly Self-Insured, Administered By ESIS, JOSE MORENO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE MORENO, Applicant,vs.LOCKHEED MARTIN SPACE SYSTEMS,Permissibly Self-Insured, Administered By ESIS, Defendant.Case Nos. ADJ2938121 (SJO 0246116)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by a workers compensation administrative law judge (WCJ) on May 26 2009, wherein the WCJ found that defendant was liable to lien claimant, Arthritis & Orthopedic Medical Clinic (lien claimant), for the full amount of its lien in the sum of $8,045.00, less any amounts previously paid. The WCJ also found that defendant unreasonably delayed payments to lien claimant in the sum of $7,592.82, and was liable for a 10% penalty and interest pursuant to Labor Code section 4603.2.1 In the underlying matter, a stipulated award issued on February 13, 2009, resolving applicant’s claims that, while employed as a janitor from May 9, 2002 to May 9, 2003, he sustained cumulative injury to his back. Defendant contends that the WCJ erred in allowing the full amount of lien claimant’s lien, arguing that lien claimant did not meet its burden to prove that the treatment it provided was reasonable and necessary pursuant to section 4600(b). Defendant also contends that the WCJ erred in finding that it was liable for a penalty and interest pursuant to section 4603.2, arguing that it timely objected to lien claimant’s bills. 1Unless otherwise stated, all further statutory references are to the Labor Code. , We have considered the petition for reconsideration and we- have reviewed the record in this matter. Lien claimant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will grant reconsideration, re
Jose Moreno, vs. Lockheed Martin Space Systems, Permissibly Self-insured, Administered By Esis,
(SJO 0246116)This case is about Jose Moreno, a janitor who sustained a cumulative injury to his back while employed by Lockheed Martin Space Systems. Lockheed Martin Space Systems is a permissibly self-insured company administered by ESIS. Arthritis & Orthopedic Medical Clinic filed a lien for $8,045.00 for medical treatment provided to Moreno. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award issued by a workers compensation administrative law judge (WCJ) on May 26 2009, wherein the WCJ found that Lockheed Martin was liable to lien claimant, Arthritis & Orthopedic Medical Clinic (lien claimant), for the full amount of its lien in the sum of $
- Filed On:
- Court: California, San Jose
- Case No. ADJ2938121
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