Rosa A. Montes vs. Lava Enterprises, Zenith Insurance Company

In this case, Lien claimant Lang Link Interpreting Services, Inc. sought reconsideration of the Amended Findings and Orders issued November 1, 2007, wherein the workers' compensation administrative law judge (WCJ) found that lien claimant was underpaid by defendant for specified dates totaling $360.00. The WCJ found that no evidence was presented of lien claimant's market rate, so defendant was paid appropriately and in full for lien claimant's services. The WCJ recommended that reconsideration be granted to correct the clerical error present in Finding of Fact No. 2. The Workers' Compensation Appeals Board granted the petition for reconsideration and affirmed the WCJ's decision, except that the Amended Findings and

Lava Enterprises, Zenith Insurance Company Rosa A. Montes  WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSA A. MONTES, Applicantvs.LAVA ENTERPRISES, ZENITH INSURANCE COMPANY, Defendant(s)Case No.            SDO 0217188OPINION AND ORDER GRANTINGPETITION FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Lien claimant, Lang Link Interpreting Services, Inc., seeks reconsideration of the Amended Findings and Orders issued November 1, 2007 wherein the workers’ compensation administrative law judge (WCJ) found that lien claimant, Lang Link Interpreting Services, Inc., was underpaid by defendant for specified dates totaling $360.00. The WC] also found: “No evidence was presented of lien claimant Lang Link Interpreting Services, Inc’s, market rate to defendant’s claims administrator, nor was evidence presented at trial of either lien claimant’s market rate or the geographic market rate, so defendant [sic] was paid appropriately and in full for lien claimant’s services herein at the rate provided in Title 8 California Code of Regulations, Section 9795.3(b)(2) [i.e., $11.25 per quarter-hour, with a minimum of two hours], except as in Finding of Fact No.3 below.”            Lien claimant contends that the WCJ erred by awarding $360.00 arguing that additional money should have been paid, although unspecified, without requiring lien claimant to provide proof of the market rate for lien claimant’s services.            In the Report and Recommendation on Petition for Reconsideration (report) the WCJ set II forth the factual and legal basis for the decision. The WCJ also recommended that II reconsideration be granted to correct the clerical error present in Finding of Fact No. 2 as , follows: “2. Lien claimant LANG LINK INTERPRETING SERVICES, INC., did not submit documentation to defendant’s claims administrator to establish its market rate, so lien claimant was paid appropriately and in full for lien claimant’s services herein at the rate provided in T

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