PIRELLI ARMSTRONG TIRE CORPORATION; TRAVELERS INSURANCE COMPANY, ROCCO PASCALE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROCCO PASCALE, Applicant,vs.PIRELLI ARMSTRONG TIRE CORPORATION; TRAVELERS INSURANCE COMPANY, Defendant(s).Case No. ADJ3931818 (MON 0223735)OPINION AND ORDER DENYING RECONSIDERATION Lien claimant, S & B Surgery Center (SB) seeks reconsideration of the June 22, 2009 Findings and Order issued by the workers compensation administrative law judge (WCJ) wherein the WCJ found that SB billed $65,000.00, that defendant paid $13,226.85, that the outstanding lien balance was $51,773.15, and that SB failed in its burden of proof under Tapia v. Skill Master Staffing (2009) 74 Cal.Comp.Cases 800 (writ den.)(2008) 73 Cal. Comp. Cases 1338)(Appeals Board en banc). Based on these findings, the WCJ disallowed SB’s lien in its entirety. Previously, iI applicant’s admitted claim of injury to his back while employed as a technical representative on May 7, 1996 was settled by an Order Approving Compromise and Release on May 17, 2004. Following settlement of the underlying claim, the unresolved liens were set for lien trial on March 23, 2009 and resulted in the WCJ’s decision from which SB seeks reconsideration herein. SB contends that the WCJ’s finding that it did not meet its burden under Tapia, supra, is not supported by substantial evidence and was an abuse of discretion. Defendant did not file an answer. However, the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we dismiss SB’s Petition as untimely or that we deny reconsideration and sanction SB for filing a frivolous Petition for Reconsideration. , Based on our review of the entire record and for the reasons stated below, we will deny reconsideration. Initially, we note that the Appeals Board Rules provide that: “When a petition for reconsideration has been timely filed, supplemental
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