All State Insurance, Permissibly Self-Insured, Administered By Sedgwick CMS Marjorie Hoffman WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARJORIE HOFFMAN, Applicant,vs.ALL STATE INSURANCE, PermissiblySelf-Insured, Administered By SEDGWICK CMS, Defendants.Case No. ADJ2046910(LAO 0886951)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We further note that the petitioning lien claimant did not specifically raise Labor Code section 4904 at trial, so it is not properly raised for the first time in the petition for reconsideration. Furthermore, under these facts, including defendant’s Explanation of Billings in lien claimant’s Exhibit 2, the petitioning lien claimant did not establish a valid lien. (See, e.g., Segura v. Technicolor (2010) 2010 Cal.Wrk.Comp. P.D. Lexis 448.)1///////// 1 Panel decisions of the Appeals Board are citable to the extent they point out the contemporaneous interpretation and application of the workers’ compensation laws by the WCAB. (Griffith v. Workers’ Comp. Appeals Bd. (1989) 209 26 Cal.App.3d 1260, 1264, fi. 2.) Although panel decisions are not binding precedent and have no stare decisis effect, such panel decisions may be considered by other panels of the WCA1B to the extent they find their reasoning persuasive. (Gee v. Workers’Comp. Appeals Bd. (2002) 96 Cal.App.4th 1418, 1425, fn. 6.) , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________DEIDRA E. LOWEI CONCUR,_________________________________________RONNIE G. CAPLANE_________________________________________MA
