Pepsi Bottling Group; Old Republic Insurance Company Lawrence Berg WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALAWRENCE BERG, Applicant,vs.PEPSI BOTTLING GROUP; OLD REPUBLIC NOTICE OF INTENTIONINSURANCE COMPANY, Defendants,Case No. ADJ1528830 (AHM 0103528)OPINION AND ORDERS DENYING PETITION FOR RECONSIDERATION AND TO ISSUE SANCTIONS(LABOR CODE § 5813) Lien claimant, Point Loma Elite Surgical Center, seeks reconsideration of the Findings Award and Orders issued October 12, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained a compensable industrial injury to his back, neck, lower extremity, and psyche on July 29, 2002, while employed as a driver. The WCJ also ordered that defendant pay Point Loma Elite Surgical Center $4,139.58, minus $3,926.06 credited for previous payment by defendant, leaving a balance of $213.52. Point Loma Elite Surgical Center was also awarded interest on the $213.52balance “plus a penalty of $32.03.” Lien claimant contends that the WCJ erred by denying the remainder of its $61,073.94 lien arguing that defendant failed to list the evidence on the Pre-Trial Conference Statement which was ultimately presented at the lien trial. Lien claimant further argues that the WCJ wrongfully sustained defendant’s objection to lien claimant’s evidence regarding the reasonableness of lien claimant’s fees which were consistent with the law set forth in Kunz v. Patterson Floor Company (2002) (Appeals Board en bane) 67 Cal.Comp.Cases 1588 (Kunz), We have considered the allegations of lien claimant’s petition and the contents of the WCJ’s Report and Recommendation on Petition for Reconsideration (Report) with respect thereto. Based upon our review of the record, and for the reasons set forth in the WCJ’s Report, which we adopt and incorporate, we will deny lien claimant’s petition. Furthermore, we will issue a Notice of Intention to , Impose Sanctions against Rafael Alva
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