MARIA ARMAS vs. AMERICAN INTERNATIONAL INDUSTRIES; BHHX/CYPRESS INSURANCE CO.

In this case, Maria Armas filed a workers' compensation claim for an industrial injury to her left knee, back, and psyche. Lien claimant Integrative Industrial and Family Practice Medical Clinics (Integrative Industrial) petitioned for reconsideration or removal of the order of May 10, 2012, in which the workers' compensation administrative law judge (WCJ) awarded lien claimant $6,730.00 as full payment for all outstanding balances. The Workers' Compensation Appeals Board denied the Petition for Removal, granted the Petition for Reconsideration, rescinded the order, and returned the matter to the trial level for further proceedings. The Board also ordered that Integrative Industrial should return defendant's payment of the disputed $6,

AMERICAN INTERNATIONAL INDUSTRIES; BHHX/CYPRESS INSURANCE CO. MARIA ARMAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA ARMAS, Applicant,vs.AMERICAN INTERNATIONAL INDUSTRIES; BHHX/CYPRESSINSURANCE CO., Defendants.Case Nos. ADJ6946153(Los Angeles District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL, GRANTING PETITIONFOR RECONSIDERATION, AND DECISION AFTER RECONSIDERATION            Lien claimant Integrative Industrial and Family Practice Medical Clinics (Integrative Industrial) petitions for reconsideration or removal of the order of May 10, 2012, recorded in the Minutes of Hearing from that date, in which the workers’ compensation administrative law judge (WCJ) awarded lien claimant $6,730.00 as full payment for all outstanding balances, with any penalties or interest waived if the amount was paid within 25 days. For all other liens, the issues were “reserved or subject to [notices of intention] RE dismissal.” The underlying case, in which applicant claimed industrial injury to her left knee, back, and psyche, had been settled by an Order Approving Compromise and Release and Award dated December 29, 2010.            Lien claimant contends that its due process rights were violated, because the WCJ issued the order without giving lien claimant the opportunity to present evidence in an actual lien trial.            We have considered the Petition and defendant’s Answer. We have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report). We received a Supplemental Petition from lien claimant, which we accept pursuant to WCAB Rule 10848. (Cal. Code Regs., tit. 8, § 10848.) For the reasons set forth below, we will deny the Petition for Removal, grant the Petition for Reconsideration, rescind the order, and return the matter to the trial level for further proceedings, as recommended by the WCJ. ,             First of all, we note that lien claimant has petitioned for removal in the al

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