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NAVIDAD LOPEZ vs. SUPERBA, INC.; STATE COMPENSATION INSURANCE FUND

SUPERBA, INC.; STATE COMPENSATION INSURANCE FUND NAVIDAD LOPEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANAVIDAD LOPEZ, Applicant,vs.SUPERBA, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ1302099 VNO 0428414ADJ2831520 VNO 0428415ADJ1428493 VNO 0435244OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Lien claimant David Silver, M.D., (Dr. Silver) seeks reconsideration of the August 29, 2012 First Amended Joint Supplemental Findings of Fact & Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ allowed Dr. Silver’s medical treatment lien in the amount of $1,439.82 “plus any accrued interest up through present date of residual balance…” Previously, applicant’s multiple underlying claims of injury were settled by an August 22, 2007 Order Approving Compromise and Release (OACR) in the amount of $90,000.00. Dr. Silver’s unresolved lien went to trial on July 24, 2012 and resulted in the decision from which he seeks reconsideration herein.            Dr. Silver contends that the WCJ erred in allowing only $1,439.82 against his $7,900.00 lien arguing that the WCJ should have allowed his usual and customary service charges and not have reduced his lien pursuant to the Official Medical Fee Schedule (OMFS) rates where defendant failed to contest the itemized billing. Dr. Silver also argues that fees in excess of the OMFS are justified by the circumstances of this case. Dr. Silver further contends that the WCJ’s decision is not supported by substantial evidence and that the WCJ failed to provide sufficient reasoning for his decision. Next, he contends that the WCJ failed to award the statutory 15% penalty under Labor Code1 section 4603.2(b). Finally, Dr. Silver requests clarification of the period of interest awarded. 1 All further statutory references are to the Labor Code, unless otherwise noted. ,             Defendant did not file an answer. The WCJ issued a Report an

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