Vons, Inc., Permissibly Self-Insured Robert Cain WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT CAIN, Applicant,vs.VONS, INC., permissibly self-insured, Defendant,SB SURGERY CENTER, Lien claimant. Case No. MON 281887OPINION AND DECISION AFTER RECONSIDERATION We earlier granted lien claimant SB Surgery Center’s (SBSC) petition for reconsiderationof the July 10, 2006 Findings and Order of the workers’ compensation administrative law judge(WCJ) wherein its lien claim for $17,905.23 was denied.’ Earlier, on September IS, 2005, theWCJ approved the parties’ compromise and release of applicant’s claim of industrial injury to hishead, neck, right shoulder, upper extremities, upper back, hands, fingers and sleep dysfunctionwhile working for defendant as a food clerk during the period 1990 to June 25, 2001, for a lumpsum payment of $25,000. As part of the compromise and release, defendant agreed to pay, adjustor litigate all the liens filed in the case. Prior to the trial herein, defendant paid $844.77 of SBse’s $18,750.00 bill. SBSC contends that its lien claim should have been evaluated in accordance with theprocess described in the en bane decision of the Appeals Board in Kunz v. Patterson FloorCoverings, Inc. (2002) 67 CaI.Comp.Cases 1588 (Kunz). On October 12, 2006, defendant filed an objection to our order granting reconsideration,asserting that it did not receive SBSC’s petition and that it did not have an opportunity to file an 1 Following the grant of reconsideration, the term of Commissioner Rabine expired and Deputy Commissioner Sullivan was appointed by the Chairman to take his place. , answer.2 However, defendant has not presented an answer with a request that it be filed since making that objection last October. The existing record includes defendant’s trial brief regarding the lien claim and we arc able to make a determination based upon this record. Defendant will incur no substantial prejudice or irreparable ha
