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Ronald Faulkner vs. Cat Clinic Inc American Automobile Insurance Company Administered By Fireman’s Fund

CAT CLINIC INC AMERICAN AUTOMOBILE INSURANCE COMPANY Administered by FIREMAN’S FUND RONALD FAULKNER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARONALD FAULKNER, Applicant,vs.CAT CLINIC, INC.; AMERICANAUTOMOBILE INSURANCE COMPANY,Administered By FIREMAN’S FUND, Defendants.Case No. ADJ7776408(Oxnard District Office)OPINION AND ORDERGRANTING PETITION FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Lien claimant Jeannette Martello, M.D., in propria persona, seeks reconsideration of our April 28, 2014 Order Dismissing Petition for Reconsideration (Order), wherein we dismissed the March 14, 2014 Petition for Reconsideration (Petition) filed by Dr. Martello from the Findings and Order (F&O) issued February 18, 2014 by the workers’ compensation administrative law judge (WCJ). In our April 28, 2014 Order, we dismissed Dr. Martello’s March 14, 2014 Petition because it was not verified, and also noted that, even if the initial Petition for Reconsideration had been properly verified, we would have denied it on the merits based on the WCJ’s Report and Recommendation on Petition for Reconsideration.            Dr. Martello contends that (1) her March 14, 2014 Petition was properly verified; (2) we should issue a new Order and Opinion vacating our previous Order; and (3) we should award her the sum of $43,175.00 for the medical treatment she provided applicant.            We have considered the May 13, 2014 Petition and defendant’s Objection to same, and we have reviewed the record in this matter.            For the reasons discussed below, we will grant Dr. Martello’s May 13, 2014 Petition and rescind our April 28, 2014 Order. We will also rescind the WCJ’s F&O and substitute our own findings of fact that defers the issue of the reasonableness of Dr. Martello’s charges, and return the matter to the WCJ for further proceedings consistent with this discussion and a new decision from which any aggrieved party , may timely seek reconsideration.FACTS       

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