Home/Case Law/ADRIEL DE LA CRUZ vs. PROTECH PAINTING, ZENITH INSURANCE COMPANY
Regular DecisionReconsideration

ADRIEL DE LA CRUZ vs. PROTECH PAINTING, ZENITH INSURANCE COMPANY

Filed: Dec 06, 2016
Long Beach
ADJ841280 (SDO 0360395)

CompFox AI Summary

This case involves a lien claimant's challenge to a prior finding that their services were not reasonable and necessary. The Appeals Board granted reconsideration because the administrative law judge erred in disallowing the lien based on the availability of alternative record retrieval methods. The Board found that a contested claim existed, and the applicant's attorney had broad discretion in choosing to subpoena records for discovery. The case is returned for a new decision on the amount the lien claimant is entitled to, focusing on the reasonableness of expenses incurred at the time.

Full Decision Text1 Pages

This case involves a lien claimant's challenge to a prior finding that their services were not reasonable and necessary. The Appeals Board granted reconsideration because the administrative law judge erred in disallowing the lien based on the availability of alternative record retrieval methods. The Board found that a contested claim existed, and the applicant's attorney had broad discretion in choosing to subpoena records for discovery. The case is returned for a new decision on the amount the lien claimant is entitled to, focusing on the reasonableness of expenses incurred at the time.

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