CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award, returning the case to the trial level for further proceedings. The WCAB clarified that lien claimants bear the burden of proving their copy services were reasonable, actual, and necessary, as clarified by the en banc decision in Colamonico. The Board also noted that services performed after the applicant settled her claim may require further justification. Finally, the WCAB indicated that if the lien claimant meets its initial burden, penalties and interest under Labor Code section 4622 may apply, as the defendant did not submit an Explanation of Review (EOR).
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award, returning the case to the trial level for further proceedings. The WCAB clarified that lien claimants bear the burden of proving their copy services were reasonable, actual, and necessary, as clarified by the en banc decision in Colamonico. The Board also noted that services performed after the applicant settled her claim may require further justification. Finally, the WCAB indicated that if the lien claimant meets its initial burden, penalties and interest under Labor Code section 4622 may apply, as the defendant did not submit an Explanation of Review (EOR).
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