COUNTY OF FRESNO, Permissibly Self-Insured, adjusted by CLAIMS MANAGEMENT, INC., RUDOLPH GUTIERREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUDOLPH GUTIERREZ, Applicant,vs.COUNTY OF FRESNO, Permissibly Self-Insured, adjusted by CLAIMS MANAGEMENT, INC., Defendant(s).Case Nos. ADJ4307507 (FRE 0195337)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER CLAIMS RECONSIDERATION Defendant seeks reconsideration of the March 26, 2009 Findings of Fact and Orders After Resubmission on 3/25/2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as an Eligibility Worker III, sustained admitted injury on November 5, 1997, to his low back, psyche, and teeth, and that the matter was resolved by a stipulated award of 31% permanent disability and future medical treatment. The WCJ found that defendant failed to timely pay for the procedure of August 10, 2007, and that the delay was unreasonable. The WCJ ordered defendant to pay California Imaging Institute the entire billed amount for the procedure, $771.00, less amounts previously paid, together with interest and a 15% increase pursuant to Labor Code section 4603.2(b); to pay applicant a penalty of 25% of the billed amount; and to pay an attorney’s fee to applicant’s attorney, pursuant to Labor Code section 5814.5: Defendant contends the WCJ erredin ordering defendant to pay the full amount of the bill, since California Imaging Institute has not filed a lien or otherwise sought to recover the difference between the billed amount and the amount paid by defendant pursuant to its bill review. Defendant further contends the WCJ erred in ordering a penalty and attorney’s fees, because its payment was timely. , We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Judge’s Report on Defendant’s Petition for Reconsideration Filed
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