Jose Vazquez vs. CIGA and International Medication Systems

This case involves a dispute between Jose Vazquez, the applicant, and International Medication Systems, Inc., and the California Insurance Guarantee Association by Cambridge Integrated Services for Fremont Insurance, in liquidation (CIGA). Vazquez was injured and the claim was resolved by way of a Compromise and Release (C&R). CIGA sought reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on May 21, 2007, wherein the WCJ allowed the balance of the lien claim of Pacific Hospital of Long Beach (lien claimant) and ordered defendant to pay the sum of $14,591.44. CIGA argued that the WCJ

International Medication Systems, Inc.; California Insurance Guarantee Association By Cambridge Integrated Services For Fremont Insurance, In Liquidation Jose Vazquez WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE VAZQUEZ, Applicant,vs.INTERNATIONAL MEDICATION SYSTEMS, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By CAMBRIDGE INTEGRATED SERVICES For FREMONT INSURANCE, In Liquidation, Defendants),Case No. MON 0267400OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Defendant California Insurance Guarantee Association by Cambridge Integrated Services for Fremont Insurance, in liquidation (hereafter “CIGA” or ‘•defendant”), seeks reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on May 21, 2007, wherein the WCJ allowed the balance of the lien claim of Pacific Hospital of Long Beach (hereafter “lien claimant”) and ordered defendant to pay the sum of $14,591.44. The underlying claim for admitted injuries to applicant’s neck, back, upper left extremity, left shoulder, right shoulder and psyche was resolved by way of Compromise and Release (C&R), approved on March 23,2006.            In its Petition for Reconsideration. CIGA contends that the WCJ’s decision is not supported by the evidence where lien claimant’s expert witness confirmed that lien claimant would usually accept fees which were 66 percent of what was billed. Defendant argues that the evidence presented by lien claimant was that the usual and customary charges accepted by it were comparable services with a maximum of $14,510.56, not the sum of $21,985.70 as allowed by the WCJ. No Answer was filed. ,             Initially, we note that defendant has not verified its Petition for Reconsideration asrequired by Labor Code section 5902, which specifically provides that “[t]he petition shall beverified upon oath ….” (Emphasis added.) Moreover, even after notice by the WCJ in hisReport and Recommendation on Petition for Rec

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