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Darlene Gongora, vs. All Pets Veterinary Hospital; American Auto Insurance Co., Adjusted By Firemans Fund,

ALL PETS VETERINARY HOSPITAL; AMERICAN AUTO INSURANCE CO., Adjusted By FIREMANS FUND, DARLENE GONGORA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADARLENE GONGORA, Applicant,vs.ALL PETS VETERINARY HOSPITAL;AMERICAN AUTO INSURANCE CO., Adjusted By FIREMANS FUND, Defendants.Case No. ADJ3438142 (LBO 0376009)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings, Award and Order of August 5, 2009, wherein it was found that, while employed as a groomer on November 14, 2005, applicant sustained admitted industrial injury to her bilateral shoulders, bilateral wrists, bilateral upper extremities, neck, and back, causing temporary disability, permanent disability of 28%, and the need for further medical treatment. The WCJ found that the “reasonable value of the services and disbursements of applicant’s attorney is $3,918.75.” The WCJ found that the defendant had already compensated the applicant for “all periods of temporary disability and she is not entitled to any further temporary disability payments.” The WCJ also allowed the lien of the State of California Employment Development Department (“EDD”) for benefits provided by EDD to the applicant while the applicant was temporarily disabled. Although the WCJ’s decision is not entirely clear, it appears that, since the defendant had already fully paid temporary disability indemnity to the applicant, the WCJ ordered the defendant to pay EDD the full amount of its lien and then take credit against any future liability for temporary disability or permanent disability indemnity.            Defendant contends that the WCJ erred in ordering it to reimburse EDD for the full value of its lien, arguing that EDD did not provide proper notice of its lien to the defendant, and that the total of the liens of the applicant’s attorney and EDD far exceeds the compensation remaining due , to th


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