Lee Lujan vs. Home Living Solutions; First Comp

is a case in which Lee Lujan, the applicant, is appealing a decision made by the Workers' Compensation Appeals Board of California. The Board denied the Petition for Reconsideration filed by Lopez and Associates, a lien claimant copy service. The Board found that the dismissal of the petition was in accordance with the En Banc decision in Luis Martinez, which stated that medical-legal expenses may not be filed as a petition for costs under section 5811 and that medical-legal lien claimants who withdrew their liens and filed petitions for costs prior to the En Banc decision may pursue recovery through the lien process if they comply with the lien activation fee requirement of section 4903.06 and if their liens have not otherwise been

Home Living Solutions; First Comp Lee Lujan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEE LUJAN, Applicant, vs.HOME LIVING SOLUTIONS; FIRST COMP, Defendants.Case No. ADJ7207727 (Riverside District Office) ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.            However, the petitioning copy service may file a new petition under Labor Code 4622 for recovery of medical legal costs, perhaps including penalty and interest./ / // / // / // / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________ALFONSO J. MORESII CONCUR,_______________________________DEPUTY____    RICK DIETRICH_________________________________________    MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIA    JUL 30 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.FIRST COMPJONATHAN TEPERSONLEE LUJANLOPEZ ASSOCIATESMEDSTAR COLLECTIONSSTOCKWELL HARRISsye , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ7207727LEE LUJAN-vs.-HOME LIVING SOLUTIONS: FIRSTCOMPWORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGE:Lynn DonaldsonREPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONINTRODUCTIONPetitioner: Lopez and Associates, Lien Claimant Copy Service.Timeliness of Petition: The petition is timely.Verification: The petition is verified.            Petitioner contends that the undersigned in error dismissed their petition for costs and failed to provide an expl

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.