Home/Case Law/FELICIA CHECO vs. NORTHGATE GONZALEZ MARKET, ESIS
Regular DecisionWorkers' Compensation

FELICIA CHECO vs. NORTHGATE GONZALEZ MARKET, ESIS

Filed: Sep 17, 2014
San Bernardino
ADJ6895906

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ failed to make findings on all presented issues, including the lien claimant's claim for medical treatment reimbursement. Specifically, the WCAB found the WCJ should have considered Labor Code section 5402(c) regarding reimbursement up to $10,000 for treatment provided before the claim's denial, irrespective of an AOE/COE finding. This section mandates reimbursement for treatment until the employer accepts or rejects the claim.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ failed to make findings on all presented issues, including the lien claimant's claim for medical treatment reimbursement. Specifically, the WCAB found the WCJ should have considered Labor Code section 5402(c) regarding reimbursement up to $10,000 for treatment provided before the claim's denial, irrespective of an AOE/COE finding. This section mandates reimbursement for treatment until the employer accepts or rejects the claim.

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