Sophrenia Barnes, vs. Donald Moore, Cpa; State Compensation Insurance Fund,

Donald Moore, CPA, was sued by Sophrenia Barnes for workers' compensation. The Workers' Compensation Appeals Board granted the Petition for Reconsideration filed by lien claimant Hawthorne Lawndale Doctor's Group, and rescinded the WCJ's April 22, 2009 dismissal of lien claimant's lien. The matter was returned to the hearing level for further proceedings and a decision by the workers' compensation administrative law judge consistent with this decision.

DONALD MOORE, CPA; STATE COMPENSATION INSURANCE FUND, SOPHRENIA BARNES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASOPHRENIA BARNES, Applicant,vs.DONALD MOORE, CPA; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ2441940 (LBO 0315021)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Hawthorne Lawndale Doctor’s Group, through its representative LCS, Inc. (hereafter “lien claimant” or “petitioner”) seeks reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on April 22, 2009. In that decision, the WCJ found that petitioner’s lien was untimely filed and barred by Labor Code section 4903.5. The WCJ then ordered that the lien was dismissed.1 Applicant’s underlying claim for cumulative injury from January 2000 through June 5, 2000, to both arms, hands, shoulders, wrists, upper back, neck, and cervical spine was resolved by way of Compromise and Release (C&R), which was approved on January 23, 2003.            Lien claimant contends, in essence, that the WCJ erred in dismissing its lien where it was not served with a copy of the C&R as required by Board Rule 10886. Lien claimant also contends that defendant knew of its charges for applicant’s medical treatment as it was included 1With respect to timeliness, we note that LCS, Inc. has consistently represented lien claimant for several years. The file forwarded to us contains a Letter of Representation notifying the Workers’ Compensation Appeals Board and defendant that lien claimant was represented by LCS, Inc. Although LCS, Inc., Inc. was entered on the Official Address Record, it is not entered on the record of participants in the Electronic Adjudication Management System (EAMS). Thus, lien claimant’s representative was not properly served with the WCJ’s April 22, 2009 Findings and Order until July 27, 2009, when the WCJ personally served lien claimant’s representative with his deci

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