Home/Case Law/JUVENAL DIAZ vs. CALPAK LANDSCAPE, INC.
Regular DecisionReconsideration

JUVENAL DIAZ vs. CALPAK LANDSCAPE, INC.

Filed: May 06, 2014
Marina Del Rey
ADJ7219865

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision disallowing the lien of New Age Imaging. The Board found the WCJ misapplied the burden of proof by focusing on injury AOE/COE and medical necessity, rather than whether the copy services were "reasonably, actually, and necessarily incurred" as medical-legal expenses for a contested claim. Consequently, the Board rescinded the WCJ's decision, affirmed the disallowance of another lien claimant (True Scan), and returned New Age Imaging's lien to the trial level for further proceedings and a new decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision disallowing the lien of New Age Imaging. The Board found the WCJ misapplied the burden of proof by focusing on injury AOE/COE and medical necessity, rather than whether the copy services were "reasonably, actually, and necessarily incurred" as medical-legal expenses for a contested claim. Consequently, the Board rescinded the WCJ's decision, affirmed the disallowance of another lien claimant (True Scan), and returned New Age Imaging's lien to the trial level for further proceedings and a new decision.

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