Home/Case Law/JOSE ALVAREZ vs. MAGANA LABOR SERVICES, ZENITH INSURANCE COMPANY
Regular DecisionRegular Panel Decision

JOSE ALVAREZ vs. MAGANA LABOR SERVICES, ZENITH INSURANCE COMPANY

Filed: Mar 30, 2017
Oxnard
ADJ9296444

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a lien claim for photocopy services. The Board found that the WCJ erred by not considering the "contested claim" rule in relation to the employer's delay in responding to the applicant's claim. The matter is returned to the trial level for further proceedings to determine if the lien claimant can demonstrate the reasonableness and necessity of services provided after the claim became contested. The employer's failure to issue a Notice of Delay within 14 days of receiving the application for adjudication rendered the claim contested.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a lien claim for photocopy services. The Board found that the WCJ erred by not considering the "contested claim" rule in relation to the employer's delay in responding to the applicant's claim. The matter is returned to the trial level for further proceedings to determine if the lien claimant can demonstrate the reasonableness and necessity of services provided after the claim became contested. The employer's failure to issue a Notice of Delay within 14 days of receiving the application for adjudication rendered the claim contested.

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