Santa Barbara Farms; Arch Insurance Company Adjusted By Lwp Claims Solutions, Inc. Maria Mendez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA MENDEZ, Applicant,vs.SANTA BARBARA FARMS; ARCH INSURANCE COMPANY adjusted by LWP CLAIMS SOLUTIONS, INC., Defendant(s).Case No. ADJ858169 (GOL 0099216)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 Finding and Order served on April 23, 2010, wherein the workers’ compensation administrative Jaw judge (WCJ) found that lien claimant, interpreter Lorena Ortiz Schneider, is entitled to payment of S2.400.00. it was previously found, in the August 22, 2007 Findings and Award, that applicant, while employed as a lettuce packer on July 21,2005, sustained industrial injury to her left shoulder and cervical spine. Defendant contends the WCJ erred by allowing the lien, arguing that lien claimant has not sustained lien burden of proof regarding the necessity of her services and the reasonableness of her charges. We have considered the Petition for Reconsideration, lien claimant’s Answer, and the WCJ’s Report on Reconsideration; and we have reviewed the record in this matter. For the reasons discussed below, we will rescind the Finding and Order and return the matter to the trial level for further proceedings and a new decision. , BACKGROUND A Findings and Award issued in this case on August 22. 2007. wherein the WCJ found that applicant’s injury caused two percent permanent disability and need for further medical treatment. Following a petition to reopen, the parties entered into a compromise and release agreement (C&R), which was approved by the order of July 7, 2009. In the C&R. defendant agreed to pay, adjust, or litigate the lien of Lorena Ortiz
Maria Mendez vs. Santa Barbara Farms; Arch Insurance Company Adjusted By Lwp Claims Solutions, Inc.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ858169
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