County Of Riverside, permissibly self- insured, Sherry Arellanes, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHERRY ARELLANES,Applicant,vs.COUNTY OF RIVERSIDE, permissibly self- insured,Defendant.Case Nos. ADJ9379743ADJ9133071(Riverside District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Lien claimant Firstline Health seeks removal of the Minute Order signed by the workers’ compensation administrative law judge (WCJ) on August 1, 2017, wherein the WCJ found lien claimant’s lien remained stayed pursuant to Labor Code section 4615,1 but also set the matter for a further hearing to consider further evidence on the question. Lien claimant contends the WCJ erred in finding the lien remains stayed. We received an Answer from defendant. We also received a Report and Recommendation on Petition for Removal (Report) from the WCJ, recommending we deny removal. Based on our review of the record, we will grant removal, and amend the Order to remove its factual findings as to the stay, while preserving the new hearing date at which evidence may be presented and the WCJ may render a new decision on the applicability of the section 4615 stay in light of such evidence. Lien claimant filed a lien for compensation for services provided to applicant in Case No. ADJ9133071. The matter came on for a lien conference on August 1, 2017. The record is somewhat unclear, but it appears from the Report and Petition that some discussion was had as to whether lien claimant’s lien was subject to the automatic stay of section 4615. The Minutes of Hearing read: “Firstline Health remains stayed. While Dr. Johnson has been acquitted/charges dropped, Dr. Uwadah 1 All further statutory references are to the Labor Code unless otherwise stated. , and other possible owners remain under indictment. Firstline to Appear at new lien conference with ownership documentation.” (See Minutes of Hearing, 8/1/2017, at p. 1.)
