Calico Building Materials,INC;Insurance company of the west San Diego Valentine Reyes WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVALENTIN REYES, Applicant,vs.CALICO BUILDING MATERIALS, INC.; INSURANCE COMPANY OF THE WEST SAN DIEGO, Defendant(s)Case No. ADJ2743306OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant. Joyce Altman Interpreters, seeks reconsideration of the June 7. 2010 Findings, Award, and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained an industrial injury to his thoracic and lumbar spine and left shoulder. The WCJ also found that lien claimant was only entitled to payment for dates of service related to WCAB appearances, deposition preparation and deposition review. Lien claimant contends that the WCJ erred in disallowing the jiortion of its lien related to interpreting services provided at medical appointments, arguing that defendant did not provide applicant with piojier noiice of a Medical Provider Network (MPN). and. therefore, applicant was entitled to procure medical treatment outside of the MPN. The defendant filed an answer. The WCJ is on an extended leave and did not provide a Repon and Recommendation on Petition for Reconsideration. For the reasons discussed below, we will grant reconsideration, amend the June 7. 2010 Findings. Award, and Order to defer the issue of the remaining balance of Joyce Allman Interpreters’ lien, and return this matter to the trial level for further proceedings and a new- decision. The applicant sustained an industrial injury on October 15. 2005 to his back, neck, spine. , shoulders, upper extremities, psyche, and in the form of a sleep disorder and sexual dysfunction.The applicant settled his claims by compromise and release on September 27, 2007. From our review of the record, it appears that defendant first received nolice of applicant’
Menu
