Home/Case Law/REYNA VALDEZ vs. FULL CIRCLE DAIRY, ZENITH INSURANCE COMPANY
Regular DecisionRegular Panel Decision

REYNA VALDEZ vs. FULL CIRCLE DAIRY, ZENITH INSURANCE COMPANY

Filed: Dec 06, 2016
Fresno
ADJ7375307

CompFox AI Summary

In this workers' compensation case, the Appeals Board granted reconsideration and rescinded the lower court's decision denying a lien claimant's claim for photocopy services. The Board found insufficient evidence to determine if a "contested claim" existed at the time the services were rendered, which is a prerequisite for reimbursement of medical-legal expenses. The matter was returned to the trial level for further proceedings and a new decision on the existence of a contested claim. The Board clarified that obtaining records via subpoena is permissible and that photocopy fees are considered recoverable medical-legal expenses if a contested claim is established.

Full Decision Text1 Pages

In this workers' compensation case, the Appeals Board granted reconsideration and rescinded the lower court's decision denying a lien claimant's claim for photocopy services. The Board found insufficient evidence to determine if a "contested claim" existed at the time the services were rendered, which is a prerequisite for reimbursement of medical-legal expenses. The matter was returned to the trial level for further proceedings and a new decision on the existence of a contested claim. The Board clarified that obtaining records via subpoena is permissible and that photocopy fees are considered recoverable medical-legal expenses if a contested claim is established.

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