SAFEWAY, INC., Permissibly Self-Insured, and Self-Administered, LISA TORRES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISA TORRES, Applicant,vs.SAFEWAY, INC., Permissibly Self-Insured,and Self-Administered, Defendant(s).Case No. ADJ3590276 (SJO 0195595)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings, Award and Order, filed and served on March 25, 2008, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a retail clerk on October 11, 1996, sustained industrial injury to her back; that she received authorized medical treatment from lien claimant Jose Reynoso, D.C.; and that lien claimant timely filed his lien. The WCJ ordered defendant to pay lien claimant the sum of $856.80, which includes penalty and interest, in full satisfaction of the unpaid balance of the lien, Defendant contended that the WCJ erred in finding the lien timely, arguing that lien claimant failed to meet the deadlines established in Labor Code section 4903.5, and that Labor Code section 4904 is inapplicable, because it applies only to Employment Development Department liens. We have considered the Petition for Reconsideration and the WCJ’s Report of Workers’ Compensation Judge on Reconsideration (lien claim) (Report), and we have reviewed the record in this matter. We have not received an Answer from lien claimant. , For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will affirm the decision of the WCJ. The WCJ correctly points out that the heading for Labor Code section 4904 contains two parts, separated by a semicolon, only one of which specifically refers to unemployment compensatio
Lisa Torres, vs. Safeway, Inc., Permissibly Self-insured, And Self-administered,
In this case, the Workers' Compensation Appeals Board affirmed the decision of the Workers' Compensation Administrative Law Judge that the lien claimant, Jose Reynoso, D.C., had timely filed his lien. The Board found that Labor Code sections 4903.5 and 4904 were not inconsistent and that the section heading for Labor Code section 4904, which only specifically refers to unemployment compensation, was added by the editor at LexisNexis and offers no insight into the Legislature's intent. The Board affirmed the decision of the WCJ and ordered defendant to pay lien claimant the sum of $856.80, which includes penalty and interest, in full satisfaction of the unpaid balance of the lien.
- Filed On:
- Court: California, San Jose
- Case No. ADJ3590276
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