J&M Sales, Inc. Argonaut,Insurance Company Sobeyda M. Lopez WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIASOBEYDA M. LOPEZ(JARKINS),Applicant,vs. J&M SALES, INC.; ARGONAUT INSURANCE COMPANY,Defendant(s). Case No. ADJ3653158 (MON 0338459)OPINION AND ORDERS GRANTING DEFENDANT’S PETITION FOR RECONSIDERATION AND DENYING LIEN CLAIMANTS’PETITION FOR RECONSIDERATION AND DECISION AFTERRECONSIDERATION Defendant and lien claimants Comprehensive Outpatient Surgery Center, Technical Surgery Support, Inc. and Grant Williams, M.D., (hereafter “lien claimants”) seek reconsideration of the “Findings of Fact and Orders Regarding Liens” issued by a workers’ compensation administrative law judge (WCJ) on April 28, 2010. In that decision, the WCJ found that lien claimants “failed to establish necessity of treatment or reasonableness of their charges” and ordered that each lien claimant take nothing. Applicant’s underlying claim for injury to her neck, back, shoulders, upper extremities, hands and wrists on March 15, 2006, while working as a stocker, was resolved by way of Compromise and Release (C&R), approved on June 11, 2007. Defendant contends that the WCJ erred in issuing the April 28, 2010 decision where she had no authority to issue it as it was based on the invalid January 27, 2010 Order rescinding her December 16, 2009 decision. Defendant argues that because lien claimants filed an untimely Petition for Reconsideration on January 12, 2010, challenging the December 16, 2009 decision, the WCJ had no authority to rescind her decision. No Answer was found in the Electronic Adjudication Management System (EAMS) or in the file forwarded to us. , In their Petition for Reconsideration, lien claimants contend, as they did in their earlierJanuary 12, 2010 untimely petition, that the WCJ erred in finding that lien claimants made no 1timely objection to the WCJ’s June 2, 2009 Notice of her intention to submit
