Catalina Water Company; California Insurance Guarantee Association Administered By Xchanging For Fremont Insurance Company, In Liquidation, Thomas Matheny WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHOMAS MATHENY, Applicant,vs.CATALINA WATER COMPANY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Administered By XCHANGING For FREMONT INSURANCE COMPANY, In Liquidation, Defendant(s).Case No. ADJ1737228OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the “Order to Pay Lien” issued by a workers’ compensation administrative law judge (WCJ) on May 10, 2010. In that decision, the WCJ found that because defendant filed no objection to the March 30, 2010 “Notice of Intention to Pay Lien” (NIT), détendant was to pay the lien of Skypark Physical Therapy c/o WSG Associates (hereafter “lien claimant”) in the sum of $6,038.28. Applicant’s underlying claims for injury to his right upper extremity, left knee, left hip, gastrointestinal system and right major shoulder on October 27, 1999 (LBO 0307803) and during the cumulative period from August 23. 1999 through November 10, 1999 (LBO 0307803), while working as a delivery driver, were resolved by way of Compromise and Release (C&R). which was approved on January 23. 2002. Preliminarily, we note that with respect to timeliness, Labor Code section 59031 provides that petitions for reconsideration must he filed within 20 days after service of the order contested, with an additional 5 days allowed where the decision has been served by mail, fax or e-mail upon a party at an address in California. (Lab. Code, §§ 5900, subd. (a), 5903, 5316; Cal. Code Regs, 1 All further statutory references are to the Labor Code unless otherwise stated. , lit. 8. § 10507.) Both the NIT and the Order were served by the Appeals Board on Cambridge in Sacramento as noted on the face of the documents. At the time of settlement in December 2001 an
Thomas Matheny vs. Catalina Water Company; California Insurance Guarantee Association Administered By Xchanging For Fremont Insurance Company, In Liquidation,
This case involves a dispute between Thomas Matheny, the applicant, and the Catalina Water Company and the California Insurance Guarantee Association (CIGA) administered by Xchanging for Fremont Insurance Company, in liquidation, the defendant. The applicant's underlying claims for injury to his right upper extremity, left knee, left hip, gastrointestinal system and right major shoulder on October 27, 1999 (LBO 0307803) and during the cumulative period from August 23, 1999 through November 10, 1999 (LBO 0307804) were resolved by way of Compromise and Release (C&R). The defendant sought reconsideration of the “Order to Pay Lien" issued by a workers' compensation administrative law judge (WCJ
- Filed On:
- Court: California, Long Beach
- Case No. ADJ1737228
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