First Quality Painting, Inc.; Sussex Insurance Company, Administered By Intercare Holding Insurance Services Norberto Bernal, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANORBERTO BERNAL,Applicant,vs.FIRST QUALITY PAINTING, INC.; SUSSEX INSURANCE COMPANY, Administered By INTERCARE HOLDING INSURANCE SERVICESDefendants.Case No. ADJ8718816(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant San Diego Imaging, Inc. dba California Imaging Solutions (California Imaging Solutions or Lien claimant) seeks reconsideration of the September 8, 2017 Findings and Order (F&O), wherein the workers’ compensation administrative law judge (WCJ) found that lien claimant had been adequately compensated for services rendered and was entitled to nothing further. The WCJ ordered that lien claimant take nothing further on its lien. The WCJ also declined to enter into evidence several of lien claimant’s exhibits. Lien claimant contends that the WCJ erred in ordering that it take nothing further on its lien. Lien claimant also contends that the WCJ erred in not admitting the excluded exhibits. We have not received an answer from defendant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration (Petition) be denied. We have considered the Petition and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will grant reconsideration, rescind the WCJ’s F&O, and return this matter to the trial level for further proceedings and a new decision by the WCJ.FACTS Applicant claimed that, while employed by defendant as a painter on July 20, 2012, he sustained , an industrial injury to his back, hips, leg, and psyche. Applicant’s case was resolved by way of a Compromise and Release, and an order approving issued on Septembe
Norberto Bernal, vs. First Quality Painting, Inc.; Sussex Insurance Company, Administered By Intercare Holding Insurance Services
This case involves a lien claimant, San Diego Imaging, Inc. dba California Imaging Solutions, who seeks reconsideration of a September 8, 2017 Findings and Order, wherein the workers' compensation administrative law judge found that the lien claimant had been adequately compensated for services rendered and was entitled to nothing further. The lien claimant contends that the WCJ erred in ordering that it take nothing further on its lien and in not admitting the excluded exhibits. The Workers' Compensation Appeals Board granted the lien claimant's Petition for Reconsideration, rescinded the WCJ's Findings and Order, and returned the matter to the trial level for further proceedings and a new decision by the WCJ.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ8718816
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