DANNY’S TRIMMING & BINDING CORP. and STATE COMPENSATION INSURANCE FUND Juan Manuel Resendiz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN MANUEL RESENDIZ, Applicant,vs.DANNY’S TRIMMING & BINDING CORP. and STATE COMPENSATION INSURANCEFUND, Defendants.Case No. ADJ253443 (POM 0286361)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION The lien claimant herein, Good Samaritan Hospital (Good Samaritan), seeks reconsideration of the November 6, 2013 Findings of Fact issued by the Workers’ Compensation Judge (WCJ) whereby the WCJ found that the Workers’ Compensation Appeals Board (WCAB) does not have jurisdiction to resolve the dispute between Good Samaritan and State Compensation Insurance Fund (State Fund) regarding Good Samaritan’s lien. By the Petition for Reconsideration (Petition), Good Samaritan asserts that the WCJ erred in issuing the Findings. Good Samaritan argues that the WCAB has jurisdiction over this issue, that State Fund did not meet its burden of proof, and that Good Samaritan is therefore entitled to payment for services it provided, based upon the Official Medical Fee Schedule (OMFS). We have received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ which recommends that the Petition be denied. We have received an Answer from Defendant, State Fund. We have considered the allegations in the Petition, the arguments in the Answer and the contents of the Report. Based upon our review of the record, and for the reasons set forth below, we shall grant reconsideration, rescind the Findings of Fact, substitute our own findings, and return the matter to the trial level for further proceedings consistent with our decision. , We must also point out that the Petition submitted by Good Samaritan fails to comply with the basic requirements regarding content of a Petition. (Cal. Code Regs., tit.8, § 10842) The
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