Home/Case Law/MARIA ORTEGA vs. MARIANI STONEBARGER, LLC; ZENITH INSURANCE COMPANY
Regular DecisionOpinion and Order Denying Petition for Reconsideration

MARIA ORTEGA vs. MARIANI STONEBARGER, LLC; ZENITH INSURANCE COMPANY

Filed: May 15, 2025
Salinas
ADJ16902678

CompFox AI Summary

Maria Ortega, the applicant, filed an application for adjudication, which was resolved by an Order Approving Compromise and Release. Lien claimant Electronic Waveform Lab, Inc. (EWL) sought payment for an H-Wave unit provided to the applicant, but its request was denied by Utilization Review and upheld by Independent Medical Review (IMR). The Workers' Compensation Appeals Board (WCAB) found that EWL was not entitled to payment because no appeal of the IMR determination was filed. Consequently, EWL's Petition for Reconsideration was denied due to the WCAB's lack of jurisdiction to review the IMR decision in the absence of a timely appeal.

Full Decision Text1 Pages

Maria Ortega, the applicant, filed an application for adjudication, which was resolved by an Order Approving Compromise and Release. Lien claimant Electronic Waveform Lab, Inc. (EWL) sought payment for an H-Wave unit provided to the applicant, but its request was denied by Utilization Review and upheld by Independent Medical Review (IMR). The Workers' Compensation Appeals Board (WCAB) found that EWL was not entitled to payment because no appeal of the IMR determination was filed. Consequently, EWL's Petition for Reconsideration was denied due to the WCAB's lack of jurisdiction to review the IMR decision in the absence of a timely appeal.

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