John Semcken; Liberty Mutual C/O Helmsman Management Services Martha Solis WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTHA SOLIS, Applicant,vs.JOHN SEMCKEN; LIBERTY MUTUAL C/O HELMSMAN MANAGEMENT SERVICES, Defendants.Case No. MON 0269379OPINION AND DECISION AFTER RECONSIDERATION We previously granted reconsideration1 to further study the factual and legal issues raised bythe petition for reconsideration of lien claimant SB Surgery Center (hereinafter lien claimant of petitioner) who requested that we reconsider the workers’ compensation administrative law judges’) (WCJ) decision c[f August 10, 2006, wherein the WCJ denied lien claimant further reimbursement of charges by defendant for applicant’s outpatient lumbar spinal surgery performed on February 28; 2003 at lien claimant’s facility. Since defendant alleged, and the WCJ found, that the surgery in question was performec outside the license of the lien claimant, and there was no license in evidence, we gave lien claimant fifteen days within which to submit to the Appeals Board a copy of the license operative at the timç of surgery and submit any additional arguments regarding why the services performed were within i license. We also gave defendant ten days to respond to lien claimant’s brief. Lien claimant attached to it’s brief of November 16, 2006, a copy of License Numbe 930000914 effective during the period from January 28, 2003 to January 27,2004, issued by the Stat| of California, Department of Health Services, a license to operate and maintain a surgical clinic, with 1 After granting reconsideration, this matter had to be re-assigned to a new Appeals Board panelist since prior panelist. Commissioner Merle Rabine. was no longer sitting as a Commissioner. , clinic, with a stated limitation: “Surgical clinics arc not permitted to keep patients longer than 24hours for any reason.” Petitioner asserts that it is not subject to Federal Regulations applicable t^Medicar
