City Of El Monte; Colen & Lee Robert Mcclung WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT MCCLUNG, Applicant,vs.CITY OF EL MONTE; COLEN & LEE, Defendant(s).Case Nos. VNO 479645; VN0479647OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Lien claimant, “Dr. Austin Hsu of Chiropractic Hcalthworks”1, seeks reconsideration of the Findings and Award issued November 2, 2007 wherein the workers’ compensation administrative law judge (WCJ) ordered that lien claimant “provide appropriate documentation in support of its bill and lien to defendant within 30 days of the service of this award”. Defendant was ordered to pay “pursuant to the official medical fee schedule for the penod of October 3, 2003 through April 30. 2004 plus 18 additional treatment visits.” No penalties “or interest liability” was found by the WCJ. Lien claimant contends that the WCJ erred: (1) by ordering lien claimant to provide documentation of billing arguing that lien claimant “was not required to submit reports directly to defendants and therefore should not be penalized”; (2) by giving “too much consideration to the opinions of the defendant’s doctor. Dr. Osborne, and the UR denial dated August 23, 2004″; (3) by ordering defendant to pay lien claimant pursuant to the official medical fee schedule arguing that “lien claimant is entitled to his reasonable, usual and customary charges”; and (4) by failing to award penalties against defendants for unreasonable delay in payment of petitioner’s lien claim. We have considered the allegations of lien claimant’s petition and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report) with respect thereto. Based upon our 1 Petitioner is variously identified as “chiropractor Austin Hsu/Ontario Health Center” and “Chiropractic HealthWorks”. , review of the record, and for the reasons stated in the WCJ’s Report, which wc adopt and incorporate, we will dismiss the petition because petitioner
