MERIT MASONRY; and STATE COMPENSATION INSURANCE FUND, MARCIAL BOLANOS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARCIAL BOLANOS, Applicant,vs.MERIT MASONRY; and STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ1452726 (RIV 0075376)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of July 29, 2009, wherein the workers’ compensation judge (WCJ) allowed the lien claim of Dean H. Shapiro, D.C., with interest and a penalty, for medical treatment provided to applicant for the industrial injury he allegedly sustained during a period through February 2003, while employed by Merit Masonry, State Compensation Insurance Fund’s insured on the date of injury, because defendant had notice of the alleged injury by lien claimant’s August 9, 2004 letter, but did not provide applicant with a claim form, as required pursuant to Labor Code section 5401(a)’, and did not deny liability for the alleged injury until September 20, 2006. The WCJ thus found that defendant was liable for the medical treatment, pursuant to section 5402(c), that lien claimant provided to applicant between August 14, 2004 (one day after its duty to provide applicant with a claim form arose with its receipt of lien claimant’s letter informing it of the injury), and September 19, 2006 (when it denied the claim). Defendant contends that it is not liable for the medical treatment that lien claimant provided to applicant and that the WCJ erred in concluding otherwise, arguing that defendant denied the claim for the alleged injury on August 13, 2004, when the employer sent lien claimant a letter refusing to pay for applicant’s medical treatment and informing lien claimant that applicant had not 1All further statutory references are to the Labor Code, unless otherwise noted. , reported an alleged injury to the employer. Alternatively, defendant argues that although it would be liable for medic
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