Ronny Pineda vs. Pepsi Beverage Company Ace American Insurance Company Administered By Sedgwick Claims Management Services

In this case, lien claimant Gladys Ross filed a petition for reconsideration from an order issued at trial on December 3, 2013, in which a workers' compensation administrative law judge (WCJ) granted her leave to amend her affidavit filed in response to a defense discovery request. The petition was denied by operation of law due to the lien claimant's labeling error when it was filed in the Electronic Adjudication Management System (EAMS). Furthermore, had the petition for reconsideration been properly filed, it would have been dismissed as it was not taken from a final order. Therefore, the petition for reconsideration was denied.

PEPSI BEVERAGE COMPANY ACE AMERICAN INSURANCE COMPANY Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES RONNY PINEDA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARONNY PINEDA, Applicant,vs.PEPSI BEVERAGE COMPANY; ACEAMERICAN INSURANCE COMPANY,Administered by SEDGWICK CLAIMSMANAGEMENT SERVICES, Defendants.Case No. ADJ7899311(Anaheim District Office)OPINION AND ORDERDENYING PETITION FOR    RECONSIDERATION            Lien claimant, Gladys Ross, owner of lien claimants, GR Medical Management and Prime Medical Resources, Inc., now known as Comprehensive Healthcare Partners of California, and representative of lien claimant Best of California, filed a petition for reconsideration from an order issued at trial on December 3, 2013, in which a workers’ compensation administrative law judge (WCJ) granted Ms. Ross leave to amend her affidavit filed in response to a defense discovery request, and gave her until January 3, 2014 to file and serve her amended affidavit.            Lien claimant purported to file the instant petition for reconsideration through the Electronic Adjudication Management System (EAMS) on December 23, 2013. Lien claimant asserts the requirement that she respond to each of defendant’s 145 document requests is unnecessary and burdensome, that the document request is outside the scope of the case and is excessive, and that lien claimant’s request to withdraw its liens would render the amended affidavit unnecessary.            Lien claimant’s petition has been denied by operation of law. According to the WCJ in her Report and Recommendation on Petition for Reconsideration, lien claimant improperly labeled its petition when it was filed in EAMS. Due to the lien claimant’s labeling error, the presence of the petition was not brought to the attention of the WCJ assigned to this matter, and thus no action was taken by the Workers’ Compensation Appeals Board. The Appeals Board has 60 days from the filing of petition for , reconsideration to act on t

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