WORKRITE UNIFORMS COMPANY, INC.; ZENITH INSURANCE COMPANY, JOSEFINA MARRON, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEFINA MARRON,, Applicant,vs.WORKRITE UNIFORMS COMPANY, INC.; ZENITH INSURANCE COMPANY, .Defendant(s).Case Nos.VEN 0118950VEN0118949OPINION AND ORDERDENYING PETITION FORRECONSIDERATION ANDORDER OF REMOVAL ONBOARD’S MOTION WITHNOTICE OF INTENTION TOIMPOSE SANCTIONS(Lab. Code § 5813) Hearing Representative Norma Hall of CMS Network, Inc., on behalf of SB Surgery Center, has filed a petition for reconsideration requesting that we reconsider the Findings and Award of the workers’ compensation administrative law judge (WCJ) served June 1, 2007, wherein the WCJ found, inter alia, that SB Surgery Center (lien claimant) was entitled to a total sum of $5,240.00, against its billing of $10,434.00, of which Zenith Insurance Company had paid previously $4,721.00, leaving a balance due of $519.99. The additional $519.99 was awarded to lien claimant by the WCJ. Lien claimant contends, in essence, that it provided substantial evidence in support of its charges by submitting billings and supporting studies to show what insurance carriers usually pay and what the average percentage that is usually accepted. Defendant, on the other hand, failed to meet its burden under Kunz v. Patterson Floor Coverings. Inc. (2002) 67 Cal.Comp.Cases 1588 (Appeals Board en banc) by failing to provided evidence to support what medical providers accepted in the same geographical area during the same period of time. Accordingly, lien claimant asserts that it is entitled to an additional amount of $5,193.01. To the petition filed by Hearing Representative Norma Hall are attached numerous photocopies of documents, , documents that are either already in the Board’s file, or are not previously presented to the WCJ at the trial level, in violation of WCAB Rule 10842 (Cal. Code Regs., tit. 8. § 10842). There is no allegation of newly discovered evidence.
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