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Samuel Oceguera vs. Rich Products Corporation; Travelers Insurance Company

Rich Products Corporation; Travelers Insurance Company Samuel Oceguera WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASAMUEL OCEGUERA, Applicant,vs.RICH PRODUCTS CORPORATION; TRAVELERSINSURANCE COMPANY, Defendants.Case No. ADJ6929619 (Marina del Rey District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, Western Imaging Services (LC), has filed a Petition for Removal, requesting that the Appeals Board vacate the Order Denying LC §5811 Petition for Costs dated April 4, 2013, wherein the workers’ compensation administrative law judge (WCJ) denied LC’s petition on the ground that LC had not paid a lien activation fee. LC contends that it is not liable for the lien activation fee pursuant to Labor Code section 4903.061 and that it is entitled to a hearing on its lien. We have not received an answer from defendant. However, we note that the Order dated April 4, 2013, is a “final order, decision, or award” within the meaning of Labor Code section 5900(a).2 Therefore, we construe LC’s petition as a Petition for Reconsideration.            Applicant, while employed as a sanitation worker on February 15, 2009, and from January 1, 2005, through February 15, 2009, sustained industrial injuries to multiple body parts. He settled his cases by Compromise and Release approved by a WCJ on July 16, 2012. On March 14, 2013, LC filed a Petition for Costs, claiming that it had incurred costs for copying records totaling $1,210.63. On April 4, 2013, prior to any lien conference in 2013, the WCJ summarily denied LC’s petition./// 1 We note that LC in fact paid the lien activation fee on April 15, 2013.2 Unless otherwise specified, all statutory references are to the Labor Code. ,             Section 4903.06(a)(4) provides: “All lien claimants that did not file the declaration of readiness to proceed and that remain a lien claimant of record at the time of a lien conference shall submit proof of payment of the activati


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