Noel Vega, vs. Employer Freedom Services; State Compensation Insurance Fund,

In this case, Noel Vega, an applicant, is appealing the decision of the workers' compensation administrative law judge (WCJ) to disallow lien claims from two lien claimants, Bahar Gharib-Danesh Chiropractic, Inc. and Pain Relief Health Center. The Workers' Compensation Appeals Board granted the petition for reconsideration and rescinded the Order Disallowing Liens, returning the matter to the trial level for further proceedings and a new decision by the WCJ. The Board noted that the record was inadequate and urged the WCJ to properly organize the file to allow the Appeals Board to review the evidence and consider the merits of the parties' contentions.

EMPLOYER FREEDOM SERVICES; STATE COMPENSATION INSURANCE FUND, NOEL VEGA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANOEL VEGA,Applicant,vs.EMPLOYER FREEDOM SERVICES; STATE RECONSIDERATIONCOMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ1994450 (VNO 0491612)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimants, “Bahar Gharib-Danesh Chiropractic, Inc.” and “Pain Relief Health Center”, seek reconsideration of the Order Disallowing Liens issued October 29, 2008, wherein the workers’ compensation administrative law judge (WCJ) disallowed petitioners’ liens in their entirety.            Lien claimants contend that the WCJ erred by denying petitioners’ lien claims in any amount arguing that substantial medical evidence supports their lien claim.            We have considered the allegations of lien claimants’ petition and reviewed the poorly organized file. Based upon our review of the record, we will rescind the Order Disallowing Liens, issued October 29, 2008, and return this matter to the trial level for further proceedings, as deemed appropriate by the WCJ, and a new decision by the WCJ.We determine that the record is inadequate. Furthermore, we would add that this file is poorly organized and we urge the WCJ to properly organize the file to allow the Appeals Board to review the evidence and consider the merits of the parties’ contentions. (See Policy and Procedure Manual, section 1.46 and Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473 (Appeals Board en banc)). Specifically, the Appeals Board must be able to review a record which includes a list of exhibits and issues.            For the foregoing reasons,/// ,             IT IS ORDERED that lien claimants’ Petition for Reconsideration is GRANTED.            IT IS FURTHER ORDERED as the Appeals Board’s Decision After Reconsideration that the Order Disallowing Liens issued October 29, 2008 be, and the same hereby is RESCINDE

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