Jose Rivera vs. California Professional Employers, Inc; State Compensation Insurance Fund

This case is about Jose Rivera, a farm laborer who was injured on the job in May 2003. California Professional Employers, Inc. and the State Compensation Insurance Fund are the defendants in the case. Vision Quest Industries, Inc. DBA VA OnhoCare is the lien claimant. The Workers' Compensation Appeals Board granted the petitions for reconsideration and rescinded the April 23, 2010 Findings, Award and Orders, returning the matter to the trial level for further proceedings and decision.

California Professional Employers, Inc; State Compensation Insurance Fund Jose Rivera WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE RIVERA, Applicant,vs.CALIFORNIA PROFESSIONAL EMPLOYERS, INC.; STATE COMPENSATION INSURANCE FUND, Defendant,Case Nos. ADJ1877143OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION             Lien claimant. Vision Quest Industries, Inc. DBA VA OnhoCare (hereinafter, “lien claimant”), seeks reconsideration of the Findings, Award and Orders filed herein on April 23, 2010. Lien claimant contends that the workers’ compensation administrative law judge (hereinafter, “WCJ”) erred in disallowing its lien on the basis that it failed to demonstrate that it provided applicant necessary and appropriate medical treatment^ actual, necessary and reasonable medical-legal services.            Defendant State Compensation Insurance Fund (hereinafter, “defendant”) also seeks reconsideration of the April 23. 2010, Findings. Award and Orders. Defendant alleges that the WCJ erred in finding that applicant, while employed by defendant as a farm laborer on May 24. 2003. sustained injury arising out of and occurring in the course of his employment to his lumbar spine. Additionally, defendant contends that the WCJ erred in finding Employment Development Department (hereinafter. “EDD”) entitled to reimbursement in the amount of $9,660.00 on account of benefits it paid to applicant because said amount is predicated on a year-round rather than seasonal basis and applicant was a seasonal employee.            The WCJ has filed two Reports and Recommendations on the Petitions for Reconsideration (hereinafter, “Report 1” and “Repon 2.” respectively.). In Repon 1. which addresses lien claimant’s petition for reconsideration, the WCJ recommends that the petition for reconsideration , be denied. Repon 2 addresses defendant’s petition for reconsideration and makes alternative recommendations. Specifically, the WCJ reco

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