Irene Neville vs. Toyota Financial Services Ace American Insurane

In this case, the Workers' Compensation Appeals Board granted the petition for reconsideration of lien claimant Healthcare Partners Medical Group, which had been dismissed for failure to pay the lien activation fee. The Board rescinded the April 3, 2013 Order Dismissing Lien Claim and returned the matter to the trial level for further proceedings and new decision by the WCJ.

TOYOTA FINANCIAL SERVICES ACE AMERICAN INSURANE IRENE NEVILLE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIRENE NEVILLE, Applicant,vs.TOYOTA FINANCIAL SERVICES; ACEAMERICAN INSURANE, DefendantsCase No. ADJ3062488 (LBO 0387821)OPINION AND ORDER    GRANTING PETITION FOR    RECONSIDERATIONAND DECISION AFTER    RECONSIDERATION            Lien claimant Healthcare Partners Medical Group seeks reconsideration of the Order Dismissing Lien Claim served on April 3, 2013. In that Order, the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s lien for failure to pay the lien activation fee.            In a timely-filed Petition for Reconsideration, lien claimant contends that (1) it appeared at the March 28, 2013 lien conference but was informed that the case-in-chief was still ongoing; .(2) its representative, Midas Recovery Services (Midas), was not served with the April 3, 2013 Order; and (3) the lien activation fee requirement does not apply to its lien pursuant to Labor Code section 4903.06(b).            We begin by noting that the Appeals Board has 60 days within which to act on a petition for reconsideration. (Labor Code section 5909.) Through no fault of its own, lien claimant’s petition did not come to the attention of the Appeals Board until after the expiration of the statutory time period. Consistent with fundamental principles of due process and common sensibilities, the running of the 60- day statutory period for reviewing and acting upon the petition for reconsideration was tolled for a reasonable period of time after the Board’s actual notice of lien claimant’s petition. (Shipley v. Workers’Comp. Appeals Bd. (1992) 7 Cal.App. 4th 1104, 1107-1108 [57 Cal. Comp. Cases 493]; State Farm Fire and Casualty v. Workers’ Comp. Appeals Bd. (Felts) (1981) 119 Cal.App.3d 193 46 Cal. Comp. Cases 622, 624].) ,             As for the merits, we have considered the allegations of lien claimant’s Petition for Reconsideration and the Repor

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