Salvador Ruiz vs. PARSODA USA INC Dba PACIFICA WHOLESALE TILE AND STONE And WILLIAMSBURG NATIONAL INSURANCE administered By ILLINOIS MIDWEST INSURANCE AGENCY

is a case in which Starpoint Health, a lien claimant, sought reconsideration of an order dismissing their lien claim for failure to pay a lien activation fee. The Appeals Board granted the Petition for Reconsideration and rescinded the order, returning the matter to the trial level for further proceedings.

PARSODA USA INC dba PACIFICA WHOLESALE TILE AND STONE and WILLIAMSBURG NATIONAL INSURANCE administered by ILLINOIS MIDWEST INSURANCE AGENCY Salvador Ruiz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASALVADOR RUIZ, Applicant,vs.PARSODA USA INC dba PACIFICAWHOLESALE TILE AND STONE andWILLIAMSBURG NATIONAL INSURANCEadministered by ILLINOIS MIDWESTINSURANCE AGENCY, Defendants.Case No. ADJ7326146(Anaheim District Office)OPINION AND DECISION    AFTER RECONSIDERATION            The Appeals Board granted Applicant’s Petition for Reconsideration (Petition) on October 30, 2013 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            Lien Claimant, Starpoint Health (Starpoint) sought reconsideration of the August 7, 2013 Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee, issued by the Workers’ Compensation Judge (WCJ). The WCJ indicated that Starpoint had failed to submit proof that it had timely paid the lien activation fee.            By the Petition for Reconsideration (Petition) Starpoint asserts that the Order was issued in error because the lien activation fee had been paid on July 30, 2013.            We have received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ which recommends that the Petition be denied. We have not received an Answer from Defendant.            We have considered the allegations in the Petition, and the contents of the Report issued by the WCJ. Based upon our review of the record, and for the reasons set forth below, we shall, rescind the Order dismissing the lien and return the matter to the trial level for further proceedings consistent with our decision. , BACKGROUND            Salvador Ruiz, Applicant herein, sustained an industrial injury on June 2, 2010 while employed by Parsoda USA Inc. dba Pacifica Wholesale Tile and Stone. Applicant received medical treatment on April 13, 2011 at Starpoint’s facility. Th

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