Maria Betencourt vs. Mckc Enterprises, Inc. Dba Carousel Child Care; Berkshire Hathaway

is a case in which Maria Betencourt, the applicant, was appealing a decision by the Workers' Compensation Appeals Board to deny her petition for reconsideration. The petition was in regards to a lien filed by Long Beach Medical Center, which was dismissed for failure to pay the activation fee. The Board upheld the decision to dismiss the lien, citing the clear and unambiguous language of Labor Code section 4903.06 (a) (4), which states that if the fee is not paid or no proof of payment is available, the lien shall be dismissed with prejudice.

MCKC Enterprises, Inc. dba Carousel Child Care; Berkshire Hathaway Maria Betencourt WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA BETENCOURT, Applicant,vs.MCKC ENTERPRISES, INC. dba CAROUSELCHILD CARE; BERKSHIRE HATHAWAY, Defendants.Case No. ADJ6800163 (Anaheim District Office)ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will deny reconsideration./ / // / // / // / // / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________RONNIE G. CAPLANEI CONCUR,_________________________________________     FRANK M. BRASS_________________________________________     DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA     JUN 17 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.GOLDMAN MAGDALIN LONG BEACH MEDICAL CTRPINNACLE LIEN SERVICESmm , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ6800163Anaheim District OfficeMARIA BETENCOURT-vs.-MCKC ENTERPRISES, INC., CAROUSELCHILDCARE; BERKSHIRE HATHAWAYWORKERS’ COMPENSATION JUDGE:Alan L. SkellyDATE: 05/3/2013REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONIINTRODUCTION            Lien claimants Long Beach Medical Center (hereinafter lien claimant), filed a timely petition for reconsideration to this court’s orders dismissing its lien for failure pay the activation fee through its representative of record, Pinnacle Lien Services( hereinafter PLS). Defendant has filed an answer to the petition.II

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