Bank Of America; Arrowood Indemnity Company Joy A. Skeete-Penegar (Joy Penegar) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOY A. SKEETE-PENEGAR (JOY PENEGAR), Applicant,vs.BANK OF AMERICA; ARROWOOD INDEMNITY COMPANY, Defendants,DAVID SILVER, M.D.; DAVID BRESLER, Ph.d., Lien Claimants.Case Nos. ADJ3998532 (VNO 0450822) ADJ1852772 (VNO 0450819)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimants David Silver, M.D., and David Bresler, Ph.D., separately petition for reconsideration of the May 11, 2011 Findings And Award of the workers’ compensation administrative law judge (WCJ), who found that neither lien claimant “met their burden of proof to establish that their fees should be paid” above the amounts allowed by the Official Medical Fee Schedule (OMFS). However, the WCJ further found that under the OMFS Dr. Bresler was entitled to an additional $6,435.00, plus $1,800.00 for 12 reports he provided, plus statutory interest and a 15% increase pursuant to Labor Code section 4603.21(b)(1), and that under the OMFS Dr. Silver was entitled to an additional $250.00, plus statutory interest and a 15% increase pursuant to Labor Code section 4603.21(b)(1). Prior to the WCJ’s May 11, 2011 decision, defendant paid Dr. Silver $7,318.28 against his billings of $24,211.67, leaving a claimed balance of $16,893.39, and defendant paid Dr. Bresler $19,756.46 against his billings of $39,285.00, leaving a claimed balance of $19,528.54. Applicant’s claim of industrial injury to her wrist, hand, neck, back, psyche and other body parts while employed by defendant as a bank manager on January 16, 2001 (ADJ1852772) and during the , period January 16, 1990 to May 29, 2002 (ADJ3998532) was settled by compromise and release through a structured settlement of $575,000.00, as approved by order of the WCJ on December 16, 2008. Lien claimants contend that, 1) they proved that the full amou
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