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Froilan Mena vs. Hi-sheer Corporation; Zenith Insurance Company

Hi-Sheer Corporation; Zenith Insurance Company Froilan Mena WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFROILAN MENA, Applicant,vs.HI-SHEER CORPORATION; ZENITH INSURANCE COMPANY, Defendants.MISSIRIAN ORTHOPAEDIC MEDICAL GROUP, Lien Claimant.Case No. ADJ3917427 (LBO 0843541)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant Zenith Insurance Company (Zenith) seeks reconsideration of the July 21, 2011 Findings of Fact, wherein the workers’ compensation administrative law judge (WCJ) found that applicant “did reasonably and necessarily secure necessary medical services and/or medical-legal expense with Missirian Orthopaedic Medical Group, and that Exhibits 1, 2, 3, 4, A, B, and C are “admissible into evidence.” Applicant’s claims that he sustained industrial injury while employed as a machine operator on March 27, 2002 (ADJ3965990), and during the period March 27, 2002, to September 18, 2003 (ADJ3183309), to his groin, hernia, testicles, and nervous system, and on September 18, 2003 (ADJ3917427), to his back and nervous system, were resolved by the February 6, 2006 Joint Order Approving Compromise and Release (C&R).            Defendant contends the WCJ erred in issuing a finding regarding Missirian Orthopaedic Medical Group (Missirian)’s lien in only one case number, and without giving State Compensation Insurance Fund (SCIF) the opportunity to litigate the lien, and that the findings are not supported by the medical reports of Dr. Robere Missirian.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition , for Reconsideration, recommending that the petition be denied.            For the reasons discussed below, we will grant defendant’s petition for reconsideration, rescind the Findings of Fact, and return the matter to the trial level for further proce

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