County of Los Angeles; Thomas Staffing Services Susan Britt WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN BRITT, Applicant,vs.COUNTY OF LOS ANGELES; THOMAS STAFFING SERVICES, Defendant.DAVID SILVER, M.D., Lien claimant.Case No. ADJ3096300 (VNO 0326012),ADJ4162370 (VNO 0346321)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Lien claimant David Silver, M.D., seeks reconsideration of the March 9, 2010 Joint Findings and Award of the workers’ compensation administrative law judge (WCJ) who relied upon the Official Medical Fee Schedule (OMFS) to find that lien claimant is entitled to a fee of $2,174.54 for medical treatment he provided applicant from June 22, 1999 through June 30, 2000, and awarded the $713.52 differenice between that amount and the $1,461.02 defendant earlier paid against lien claimant’s total billings of $4,079.15. The WCJ also awarded a 10% penalty, “and interest [at an unspecified rate] starting from the sixty-first (61) day after the date of the last payment made by defendant.” (Bracketed material added.) Applicant’s claims of industrial injury to various body parts and fibromyalgia while working as a senior word processor for defendant during the period March 1994 through April 1997 were earlier settled by compromise and release with a lump sum payment of $100,000, as approved by a different WCJ on July 29, 2002. Lien claimant contends that the OMFS was improperly applied to determine the awarded fee because the OMFS does not apply to workers’ compensation claims that are denied, as , occurred in this case, and for that reason lien claimant is entitled to recover his entire usual and customary fee as he billed. Lien claimant further contends that the WCJ should have specified interest on the award at the rate of 10%, beginning on the date defendant received lien claimant’s bill and not 61 days after the date of the last payment. A response to the petition was
