COUNTY SANITATION DISTRICT OF LOS ANGELES COUNTY; ADMINISURE, PAUL SHANKS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAUL SHANKS, Applicant,vs.COUNTY SANITATION DISTRICT OF LOS ANGELES COUNTY; ADMINISURE, Defendant(s).Case No. ADJ601398 (AHM 0120623)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant, Outpatient Spine and Surgery Center, seeks reconsideration of the “Order of Disallowance of Lien Claims” issued July 23, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered that the lien claim of Outpatient Spine and Surgery Center was disallowed. In the text of the order, the WCJ also noted: “Both hearings were scheduled at this lien claimant’s request. Defendant did appear at both hearings. Moreover, the lien is beyond the time periods specified in Labor Code §4903.5(a). Defendant reviewed and paid this lien in 2003. Defendant reserves its right to petition for sanctions/costs for this lien claimant’s failure to appear.” At the bottom of the order, it was noted that defendant was charged with serving the Order upon lien claimant. However, there is no proof of service in the record. Lien claimant contends that the WCJ erred by disallowing its lien arguing: (1) that medical services were provided to applicant, the charges were reasonable and defendant is liable for full payment; and (2) that lien claimant was served with the Notice of Disallowance of Lien Claim, by mail, on August 3, 2009 and their petition was timely filed August 28, 2009. Defendant did not file an answer. , We note that petitioner has attached an envelope from defense counsel showing a postmark of August 3, 2009 and has verified that the “Order of Disallowance” was served by mail in that envelope. Therefore, lien claimant’s petition filed August 28, 2009 is within the 25 days allowed for petitions for reconsideration that are s
PAUL SHANKS, vs. COUNTY SANITATION DISTRICT OF LOS ANGELES COUNTY; ADMINISURE,
(AHM 0120623) is a case in which the County Sanitation District of Los Angeles County and Adminisure were defendants. The lien claimant, Outpatient Spine and Surgery Center, sought reconsideration of the "Order of Disallowance of Lien Claims" issued July 23, 2009, wherein the workers' compensation administrative law judge (WCJ) ordered that the lien claim of Outpatient Spine and Surgery Center was disallowed. The WCJ noted that the lien was beyond the time periods specified in Labor Code §4903.5(a) and defendant had reviewed and paid the lien in 2003. The WCJ also noted that defendant was charged with serving the Order upon lien claimant, but there was
- Filed On:
- Court: Anaheim, California
- Case No. ADJ601398
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