Michael Blackwelder, vs. Industrial Distribution Group; California Insurance Guarantee Association, By Its Servicing Facility, Intercare Insurance Services For Reliance Indemnity, In Liquidation,

This case involves a lien claimant, West Alondra Medical Pharmacy (Alondra), seeking reconsideration of a decision by the workers' compensation administrative law judge (WCJ) that disallowed Alondra's lien in excess of $2,000,000.00. The WCJ found that Alondra failed to meet the burden of proving its lien. The WCJ's decision was based on the medical opinions of two evaluators that expressed concern about excessive narcotic intake. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings and decision by the WCJ.

INDUSTRIAL DISTRIBUTION GROUP; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, by its servicing facility, INTERCARE INSURANCE SERVICES for RELIANCE INDEMNITY, in liquidation, MICHAEL BLACKWELDER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL BLACKWELDER, Applicant,vs.INDUSTRIAL DISTRIBUTION GROUP; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, by its servicing facility,INTERCARE INSURANCE SERVICES for RELIANCE INDEMNITY, in liquidation, Defendant(s).Case No. ADJ2302824 (LBO 0318405)ADJ4306138 (LBO 0318432)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, West Alondra Medical Pharmacy (Alondra), seeks reconsideration of the June 17, 2009 Joint Findings and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that Alondra failed to meet the burden of proving its lien. Based on this finding, the WCJ disallowed Alondra’s lien and ordered that it take nothing further. Previously, applicant’s admitted claims of injury to his low back while employed as a warehouse supervisor on January 28, 2000 and on May 5, 2000 were settled by an August 19, 2008 Order Approving Compromise and Release providing for a settlement of $149,140.00. Following resolution of the underlying claim, a lien trial was held on April 6, 2009 to adjudicate several unresolved liens including Alondra’s lien in excess of $2,000,000.00. That lien trial resulted in the WCJ’s decision from which Alondra seeks reconsideration herein.            Alondra contends that the WCJ’s decision is not based on substantial evidence. It argues that the reasonableness of its billing was established by the medical evidence presented at trial and by the un-rebutted trial testimony of the defense bill review witness. Alternatively, Alondra contends that the WCJ abused her discretion by not developing the record further. ,             Defendant did not file an answer. However, the WCJ issued a Report and Recommendation of

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