ANDERSON DRILLING; ZURICH NORTH AMERICA, ROBERT FERRELL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT FERRELL, Applicant,vs.ANDERSON DRILLING; ZURICH NORTH RECONSIDERATION AMERICA, Defendant.Case Nos. ADJ1632079 (SDO 0352453)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on November 10, 2008, wherein the WCJ found that applicant, while employed as an equipment operator on December 28, 2006, did not sustain injury arising out of and in the course of the employment (AOE/COE) to his right upper extremity. The WCJ also found that defendant was not liable for any medical treatment, except from the time applicant filed his claim until it was rejected, and that defendant’s liability was limited to a total of $10,000.00 pursuant to Labor Code section 5402, subdivision (c).1 The WCJ ordered the parties to adjust the medical treatment lien of Richard M. Braun, M.D. (lien claimant), who did not appear at the MSC or at trial. Defendant contends that the WCJ erred in ordering it to adjust lien claimant’s lien, arguing that he did not meet its burden of proof. Defendant also contends the WCJ erred in raising the issue of defendant’s liability for medical treatment, arguing that this issue was never raised at the mandatory settlement conference (MSC) or at trial. Defendant argues that lien claimant was properly served with notice of the MSC and trial, and chose not to appear at his own peril. 1Unless otherwise stated, all further statutory references are to the Labor Code. , We have considered the petition for reconsideration and we have reviewed the record in this matter. No Answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below
