Juan Lopez vs. John A. Van Leeuwen Dairy; Zenith Insurance Company And Imperium Insurance, Administered By Athens Administrators.

This case is about Juan Lopez, an employee of John A. Van Leeuwen Dairy, who sustained an injury to his cervical spine, lumbar spine, right hand, right shoulder, right knee, right ankle, and right foot, and claims injury to his psyche. The case involves lien claimants Hekmat Ortho, Kohanim Chiropractic, Inc., Metropolitan Health Medical, Marina Kuznetsova, LAC, and So Cal Interpreting Services, who failed to submit their exhibit lists with the Pretrial Conference Statement. The Workers' Compensation Appeals Board granted the lien claimants' Petition for Reconsideration, rescinded the Joint Findings and Order, and returned the matter to the WCJ for

John A. Van Leeuwen Dairy; Zenith Insurance Company and Imperium Insurance, Administered by Athens Administrators. Juan Lopez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN LOPEZ, Applicant,vs.JOHN A. VAN LEEUWEN DAIRY: ZENITH INSURANCE COMPANY and IMPERIUM INSURANCE COMPANY, Administered by ATHENS ADMINISTRATORS. Defendants.Case No. ADJ7934540OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Hekmat Ortho, Kohanim Chiropractic, Inc., Metropolitan Health Medical, Marina Kuznetsova, LAC, an^ So Cal Interpreting Services (collectively lien claimants) seek reconsideration of the Joint Findings and Orders issued by the workers’ compensation administrative law judge (WCJ) on October 21, 2019. The WCJ found that Farshid Hekmat, Marina Kuznetsova, Renee Kohanim, and Metropolitan Health each did not meet their burdens of proof that they provided medical treatment services reasonably required to cure or relieve from the effects of the industrial injury; and that SoCal Interpreting did not meet its burden of proof that it provided interpreting services in conjunction with medical treatment services reasonably required to cure or relieve from the effects of the industrial injury. The WCJ ordered that lien claimants’ Exhibits 1-33 be excluded from evidence. In the Opinion on Decision, the WCJ explained that lien claimants failed to submit their exhibit lists with the Pretrial Conference Statement (PTCS), and lien claimants* excuse for this failure did not constitute good cause pursuant to WCAB Rule 10770.1(f)- (Cal. Code Regs., tit. 8. § 10770.1(f).)1            Lien claimants contend that they requested that the PTCS be amended with their exhibit lists once they became aware of this omission.2 Lien claimants argue that their former hearing representative’s 1 Effective January 1,2020. WCAB Rule 10770.1(f) is now 10875(d)2 We note that lien claimants’ Petition was not a model of clarity We urge lien claimants to take

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