Mariana Castro vs. Dental Management Service Dba, Sa Soleimani Dental Corporation; Employers Compensation Insurance Company

ADJ8069518This case involves a dispute between Dental Management Service dba Sa Soleimani Dental Corporation and Employers Compensation Insurance Company regarding a lien claim from California Psychological Care. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the Stipulation and Order to Pay Lien Claimant, as the WCJ had exceeded their jurisdiction in approving the Order when the prior order dismissing the lien was still in effect.

Dental Management Service dba, Sa Soleimani Dental Corporation; Employers Compensation Insurance Company Mariana Castro WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIANA CASTRO, Applicant,vs.DENT AL MANAGEMENT SERVICE dba SA SOLEIMANI DENTAL CORPORATION;EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants.Case Nos. AD.17617012ADJ8069518(Long Beach District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Stipulation and Order to Pay Lien Claimant (Order) issued on October 27, 2015, by the workers’ compensation administrative law judge (WCJ). The WCJ approved the Order, wherein defendant agreed to pay lien claimant, California Psychological Care, $650.00 to resolve its lien in full.            Defendant contends that the WCJ lacked jurisdiction to approve the Order because lien claimant was previously dismissed as a party due to lien claimant’s failure to appear at a lien conference. Defendant further contends that the party’s agreement constituted mutual mistake.            We have not received an answer from either applicant or lien claimant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending that reconsideration be denied.            We have considered the allegations of the Petition for Reconsideration and the contents of the WCJ’s Report with respect thereto. Based on our review of the record and for the reasons discussed below, we will grant defendant’s. Petition for Reconsideration and as our Decision After Reconsideration we will rescind the Order1. 1            The WCJ issued two different Stipulation and Orders to Pay Lien Clai~ant on October 27, 2015. This decision only affects the Order between defendant and California Psychological Care. , I.            This matter was set for a lien conference on July 8, 2015. Lien claimant, California Psychological Care, failed to appear at that confer

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