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KELLI MCCOO vs. GORDON BIRCH; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, BROADSPIRE FOR CAL COMP/SUPERIOR NATIONAL INSURANCE COMPANY, IN LIQUIDATION

GORDON BIRCH; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, BROADSPIRE FOR CAL COMP/SUPERIOR NATIONAL INSURANCE COMPANY, IN LIQUIDATION KELLI MCCOO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKELLI MCCOO, Applicant,vs.GORDON BIRCH; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITSSERVICING FACILITY, BROADSPIRE FOR CAL COMP/SUPERIOR NATIONALINSURANCE COMPANY, IN LIQUIDATION, Defendants.Case No. ADJ7150920(Los Angeles District Office)OPINION AND DECISION AFTER RECONSIDERATION            On February 22, 2011, we granted lien claimant Khosrow Tabaddor, M.D. (lien claimant)’s petition for reconsideration to further study the facts and applicable law and issue a just and reasoned decision. This is our decision after reconsideration.            Lien claimant sought reconsideration of the Findings and Order (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on December 1, 2010. In that F&O, the WCJ found that there was an assignment of lien claimant’s lien to lien representative WSG & Associates (WSG) and that under Insurance Code section 1063.1, subdivision (c) (9) (b),1 defendant California Insurance Guarantee Association (CIGA) had no liability for the assigned lien. Lien claimant contended in pertinent part that the agreement between lien claimant and WSG was not an assignment because no transfer of ownership had taken place.            We did not receive an answer from defendant. We received a Report and Recommendation (Report) from the WCJ which recommended that the petition for reconsideration be denied. 1 Hereafter section 1063.1(c) (9) (b). ,             On February 22, 2011, we granted reconsideration to further study the facts and applicable law and issue a just and reasoned decision.            We now issue our decision after reconsideration. For the reasons discussed below, as our decision after reconsideration, we will rescind the F&O and return the matter to the WCJ for further proceedings a

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