Pedro Valencia vs. Tsl, Ltd; Liberty Mutual Insurance Company

In this case, Pedro Valencia, an employee of TSL, LTD, filed an Application for Adjudication of Claim after sustaining an injury to his right shoulder while employed by TSL, LTD. Ventura County Medical Transportation (lien claimant) filed a Notice and Request for Allowance of Lien, claiming entitlement to payment by TSL, LTD in the amount of $5,598.60 for transportation services provided to applicant. A proposed settlement of this case by compromise and release was filed, but lien claimant's lien was not one of the liens resolved. A WCJ approved the settlement by Order of December 29, 2008. Lien claimant failed to attend the lien trial, and the WCJ issued a Notice

TSL, LTD; Liberty Mutual Insurance Company Pedro Valencia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEDRO VALENCIA, Applicant,vs.TSL, LTD; LIBERTY MUTUAL INSURANCE COMPANY, Defendants.Case Nos. ADJ3205611 (LAO 0871045)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Ventura County Medical Transportation (lien claimant) seeks reconsideration of the Order Dismissing Lien (Order) issued by a workers’ compensation administrative law judge (WCJ) on July 26, 2011. The Order dismissed lien claimant’s lien with prejudice on account of its failure to register a timely good cause objection to the Notice of Intention to Dismiss Lien (NOI) that issued on June 14, 2011.            Lien claimant contends that the WCJ erred in dismissing its lien claim because its representative was attending another hearing on the same date and time as the lien trial in this matter. Further, lien claimant alleges that three weeks before the lien trial it mailed a letter stating that it was not able to attend the lien trial. Lien claimant also asserts that it responded to the NOI on June 21, 2011, but its response was not received.            We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the WCJ. We have not received an answer from defendant.            Based upon our review of the record, for the reasons set forth in the WCJ’s Report, which we adopt and incorporate as if fully set forth herein, and for the reasons discussed below, we will deny the Petition for Reconsideration. , Relevant Facts            Pedro Valencia (applicant) claimed that while employed by defendant as a driver on August 2, 2006, he sustained an injury arising out of and occurring in the course of his employment to his right shoulder. Applicant filed an Application for Adjudication of Claim on September 12, 2006, and it was assigned case number ADJ320561 1, which is the case

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