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LEOPOLDO SIMOTA vs. AMERICAN NURSERIES; VIRGINIA SURETY, Administered By APPLIED RISK SERVICES

AMERICAN NURSERIES; VIRGINIA SURETY, Administered by APPLIED RISK SERVICES LEOPOLDO SIMOTA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEOPOLDO SIMOTA, Applicant,vs.AMERICAN NURSERIES; VIRGINIA SURETY, Administered byAPPLIED RISK SERVICES, Defendants.Case No. ADJ3912308 (LBO 0367834)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Lien claimant, University Imaging Center, seeks reconsideration of the Order issued September 6, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that there was “no evidence whatsoever to support the lien of University Imaging Center” and ordered that the lien was disallowed.            Lien claimant contends that the WCJ erred by disallowing its lien arguing that the WCJ’s finding that lien claimant failed to provide evidence of the lien is untrue. Lien claimant contends that its trial exhibits were filed “via EAMS prior to trial as UIC’s lien representative is an E-Filer.” Lien claimant further contends that it has relied upon the “EAMS instructional and reference manual” for the principle that it no longer has to file “proposed trial exhibits prior to an MSC and can file them by OCR.” (Petition, p. 2 11. 14-20.)            We have reviewed the record in this matter and considered lien claimant’s petition seeking reconsideration. However, for the reasons set forth in the WCJ’s Report and Recommendation on Petition for Reconsideration (Report), which we adopt and incorporate by reference, we will deny lien claimant’s Petition for Reconsideration.            As noted by the WCJ in the Report, lien claimant has confused the filing of documents in EAMS with the submission of evidence before a WCJ. Evidence must be evaluated for admissibility into the , record. No such evaluation is made prior to filing in EAMS. Due process considerations require the careful evaluation of evidence and not all documents in the file are made part of the record. This is a fundamental principle and any lie

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