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Martin Rojero Longoria vs. Micro Solutions; Icw Explorer Insurance

Micro Solutions; ICW Explorer Insurance Martin Rojero Longoria WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTIN ROJERO LONGORIA, Applicant,vs.MICRO SOLUTIONS; ICW EXPLORER INSURANCE, Defendants.Case Nos. ADJ4402360 (MON 0331376) ADJ937992 (MON 0331375)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Lien claimant, former counsel of record Elliott J. Wachtel, seeks reconsideration of the Findings of Fact and Award, issued July 12, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to his lumbar spine “and did not sustain injury to his head.” Attorney fees were allowed in the amount of 15% of the net unpaid temporary disability benefits. Applicant’s prior counsel of record, Elliott J. Wachtel’s, claim for attorney fees was not addressed.            Lien claimant contends that the WCJ erred by failing to specifically name lien claimant in the WCJ’s decision arguing that he performed attorney services from August 3, 2005 through November 7, 2008 and filed a lien.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that lien claimant’s Petition for Reconsideration addresses attorney fees and applicant’s claim for specific back injury on July 13, 2005 (ADJ4402360) and a continuous trauma claim for employment from December 2004 through September 15, 2006 (ADJ937992). The WCJ noted that a decision regarding applicant’s claim for specific injury was issued December 14, 2010, which did address petitioner’s lien claim (ADJ4402360). As such, the WCJ noted that lien claimant’s Petition for Reconsideration regarding the specific back injury in ADJ4402360 is untimely. However, the WCJ acknowledged that lien claimant’s petition was timely as to ADJ937992, acknowledged the error in failing to include prior , counsel’s lien in the decision and ordered rescission of the Findings of Fact and Award, issued July 12, 2011, pursuant to C

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