St. Johns Regional Medical Center; Permissibly Self-Insured, administered by Sedgwick CMS Julia Campos WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIA CAMPOS, Applicant,vs.ST. JOHNS REGIONAL MEDICAL CENTER; Permissibly Self-Insured, administered by SEDGWICK CMS, Defendants.Case No. ADJ3159140 (OXN 0126978)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Access Mediquip seeks reconsideration of the Findings and Order served on June 23, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a PBX operator on December 26, 1996, sustained industrial injury to her bilateral upper extremities, that lien claimant filed its lien in this case on March 21, 2011, that lien claimant billed the employer for dates of service of January 9, 2009, and May 8, 2009, that the Order Approving Compromise and Release (OACR) issued on February 16, 2010, that lien claimant’s lien does not comply with Labor Code section 4903.1(c), that the lien is barred pursuant to section 4903.5, and that all remaining issues are moot. The WCJ ordered lien claimant to take nothing on its lien. Lien claimant’s contentions are not separately stated and clearly set forth, as required by Appeals Board Rule 10842(a) (Cal. Code Regs., tit. 8, § 10842(a)), but lien claimant apparently contends the WCJ erred in finding its lien barred, arguing that, from its billing, defendant had constructive knowledge of the lien within the section 4903.5 timeframe; that the statute of limitations was tolled because defendant failed to serve lien claimant with the Compromise and Release (C&R); that the lien was filed within six months of lien claimant’s first notice, by defendant’s December 22, 2010 letter, that the case in chief had 1 All further statutory references are to the Labor Code. , settled; that, pursuant to section 4905, the WCAB may make a determination regarding a lien even
