Ricardo Zambrano vs. La Pinata Mexican Restaurant; Zenith Insurance Company

In this case, Ricardo Zambrano filed a workers' compensation claim against La Pinata Mexican Restaurant and Zenith Insurance Company. Firstline Health, Inc. (FHI) filed a lien for $12,165.24 on behalf of Ricardo Zambrano. The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's Order of Dismissal of Lien, as FHI had paid the lien activation fee. The Board admonished FHI and CHM for their failure to appear at the lien conference and suggested that the WCJ consider imposing sanctions against them. The case was returned to the trial level for further proceedings and a new decision by the WCJ.

La Pinata Mexican Restaurant; Zenith Insurance Company Ricardo Zambrano WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICARDO ZAMBRANO, Applicant,vs.LA PINATA MEXICAN RESTAURANT; ZENITHINSURANCE COMPANY, Defendants.Case No. ADJ7717210 (San Diego District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Firstline Health, Inc. (FHI), through its representative Controlled Health Management (CHM), seeks reconsideration of the February 21, 2013 Order of Dismissal of Lien (Order), wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s claim for failure to submit proof of payment of the lien activation fee required by Labor Code section 4903.06(a)(4).            Lien claimant contends that the WCJ erred in dismissing its claim, because lien claimant did pay the lien activation fee.            We have not received an answer from any party. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied.            We have considered the Petition for Reconsideration (Petition) and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will grant reconsideration and rescind the WCJ’s Order, and return this matter to the trial level for further proceedings and a new decision by the WCJ.FACTS            Applicant was employed by defendant as a waiter and filed a specific injury claim of July 7, 2010 to his upper extremities, Applicant’s case was resolved by way of a Compromise and Release, and an order approving issued on March 1, 2012. ,             On August 13, 2012, CHM e-filed a $12,165.24 lien on behalf of FHI.            On November 30, 2012, another lien claimant filed a Declaration of Readiness to Proceed, and a lien conference was set for February 20, 2013. The WCJ served a Notice of Hearing on both FHJ and CHM. (Report, p. 2.) The Minutes of

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