Robert Ornelas, vs. Santa Ana Unified School District, Permissibly Self-insured,

(ANA 0302091)In this case, the Workers' Compensation Appeals Board granted the petition for reconsideration of the August 24, 2009 Findings and Order, rescinded the decision, and returned the matter to the trial level for further proceedings. The Board found that the defendant, Santa Ana Unified School District, was liable for the lien claimant's lien for living expenses pursuant to Labor Code sections 4903 and 4903.1(a)(3). The Board determined that the defendant had entered into a contractual obligation in the Compromise and Release to "pay, adjust, or litigate" the lien, and that it was obligated to pay the lien the same as any debtor who legally owes a debt under a contractual

SANTA ANA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, ROBERT ORNELAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT ORNELAS, Applicant,vs.SANTA ANA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendant.Case No. ADJ262420 (ANA 0302091)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, Eva C. Omelas, represented by applicant, filed a “Writ of Review” on September 21, 2009 in the San Francisco District Office of the Workers’ Compensation Appeals Board (WCAB). Lien claimant, in essence, seeks reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on August 24, 2009, wherein the WCJ found that applicant, not defendant, is liable for lien claimant’s lien for living expenses pursuant to Labor Code sections 4903 and 4903.1(a)(3)’. Lien claimant is applicant’s mother, and alleges that she advanced him living expenses in the sum of $22,550.00. In the underlying case, an order approving compromise and release issued on July 2, 2008, resolving applicant’s claim that, while employed on January 30, 1996 as a substitute teacher, he sustained industrial injury to his head, neck, back, shoulders, legs, headaches, psyche, and heart.            Lien claimant contends that the WCJ erred in finding that applicant was to pay her lien, arguing that the compromise and release (C&R) contained a contract provision that defendant would pay her lien. Lien claimant argues that the parties to the C&R agreed that her lien was valid, and based on that agreement, applicant signed the C&R with the understanding that defendant would pay her lien. Lien claimant argues that the C&R should be set aside because defendant entered into the agreement in bad faith, i.e., knowing that applicant believed it would pay the lien. 1Unless U otherwise stated, all further statutory references are to the Labor Code. ,             We have considered lien claimant’s petiti

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