Marina Shipyard; State Compensation Insurance Fund, Ricky Mcneill, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICKY MCNEILL,Applicant,vs.MARINA SHIPYARD; STATECOMPENSATION INSURANCE FUND,Defendants.Case No. ADJ7860537(Long Beach District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant State Compensation Insurance Fund seeks reconsideration of the Stipulation and Order to Pay Lien Claim (Order) signed by the workers’ compensation administrative law judge (WCJ) on February 13, 2017, wherein the WCJ approved a settlement of Coastline Medical Clinic’s lien for $550.00. Defendant contends reconsideration should be granted because, unbeknownst to the litigants, the lien was filed on behalf of a doctor who is currently under indictment for fraud-related offenses. Defendant argues therefore that the matter was automatically stayed by operation of Labor Code1 section 4615, meaning the WCJ had no power to approve the settlement, and the resulting order was therefore void. We did not receive an answer from lien claimant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ, recommending that the petition be denied as untimely, but suggesting the WC] could treat the petition as a petition requesting rescission of the Order. Based on our review of the record, we will grant reconsideration, rescind the Order, and return this matter to the trial level for further proceedings. 1 All further statutory references are to the Labor Code unless otherwise stated. , Initially, we consider the timeliness of the petition. The Order is dated February 13, 2017; the Petition for Reconsideration was received on March 10, 2017. Section 5903 allows 20 days after service of a final order, decision, or award to file a petition for reconsideration, and the time for filing may be extended five days for mailing where service was made on an address in Califor
