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Maria Figuero vs. Help Net, Inc. And State Compensation Insurance Fund

Help Net, Inc. and State Compensation Insurance Fund Maria Figuero WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA FIGUEROA, Applicant,vs.HELP NET, INC. and STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1798944 (LBO 0326931)OPINION AND DECISION AFTER RECONSIDERATION            We granted lien claimant’s Petition for Reconsideration (Petition) to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            Lien claimant, Michael A. Wooten, D.C., (Wooten) seeks reconsideration of the Findings and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on February 21, 2016, wherein the WCJ found in pertinent part that the services Wooten provided did not constitute reasonable medical treatment pursuant to the medical treatment utilization schedule (MTUS) guidelines and ordered that Wooten’s lien was disallowed.            Wooten contends that the treatment at issue was provided from 2001. through 2005 so that the MTUS was not applicable, and that the issue of whether the treatment was reasonable or necessary was not raised at trial.                        We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be dismissed as untimely or denied on the merits. We received an Answer from defendant. ,             We have considered the allegations in the Petition and the Answer and the contents of the Report. Based upon our review of the record, and for the reasons set forth below, we will rescind the F&O and return the matter to the WCJ for further proceedings consistent with our decision.1BACKGROUND            Maria Figueroa (applicant) had four injury cases which included claims of injury to her neck, back, bilateral shoulders/upper extremities and psyche and in the form of headaches and pulmonary cardiovascular problems while employed by defendant as an intake specialist at various times during


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