JOHN MOLER vs. WESTERN UTILITIES; CIGA by CAMBRIDGE INTEGRATED SERVICES for FREMONT INSURANCE in liquidation

In Moler v. Western Utilities, the Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal, upholding the WCJ's finding that further evidence was needed to determine reasonable facility fees. The WCJ required evidence of comparable charges for similar services in the Fresno area, accessible to the applicant, not other regions. The WCAB also dismissed the lien claimant's subsequent petition for reconsideration as untimely, though they considered it as an answer to the defendant's removal petition. The WCAB concluded that no final order had been issued, making the defendant's petition for removal appropriate.