BLUE SHIELD; SENTRY CLAIMS SERVICE, PHILIP EVANS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPHILIP EVANS, Applicant,vs.BLUE SHIELD; SENTRY CLAIMS SERVICE, Defendant(s).Case No. ADJ4355541 (MON 0291220)OPINION AND DECISION AFTER RECONSIDERATION The Appeals Board granted reconsideration in this matter and ordered defendant to file proof of service upon lien claimant of the Order Dismissing Lien Claim, dated March 19, 2007, by filing proof of service with the Appeals Board. Based upon defendant’s response, and for the reasons set forth herein, we will rescind the Order Dismissing Lien Claim issued March 19, 2007 and return this matter to the trial level to give lien claimant an opportunity to address the merits of the lien claim. Initially, lien claimant, Darrell H. Burstein, M.D., sought reconsideration of the Order Dismissing Lien Claim, dated March 19, 2007, wherein the workers’ compensation administrative law judge (WCJ) ordered that the lien claim of Darrell H. Burstein, M.D. was dismissed. The Order Dismissing Lien Claim also designated that “attorneys for defendants are Ordered to serve all parties and lien claimants and retain proof of service.” In addition, a notation showed: “Copy served by mail or personal service on parties as shown on Official Address Record.” The Official Address Record indicated that an “Order” was served on March 19, 2007 to the office of the defense counsel. There is no notation on the Official Address Record of any service upon lien claimant. Furthermore, there is no proof of service of the Order Dismissing Lien Claim that has been filed by defendants;/// , The Appeals Board granted lien claimant’s Petition for- Reconsideration and ordered defendant to file proof of the Order Dismissing Lien Claim, dated March 19, 2007, by filing the proof of service with the Appeals Board. However, defendant filed a response indicating that there was no proof of service upon lien
Philip Evans, vs. Blue Shield; Sentry Claims Service,
(MON 0291220) is a case in which the Workers' Compensation Appeals Board granted reconsideration to lien claimant Darrell H. Burstein, M.D. and ordered defendant Blue Shield; Sentry Claims Service to file proof of service upon lien claimant of the Order Dismissing Lien Claim, dated March 19, 2007. The Board found that lien claimant had not been served with the Order and, as a result, rescinded the Order Dismissing Lien Claim and returned the matter to the trial level to give lien claimant an opportunity to address the merits of the lien claim.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4355541
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