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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4157066
Regular
Aug 13, 2023

PORFIRIO ABRAJAN vs. JOSE OCHOA FARM LABOR SERVICES, INC., VARIOUS EMPLOYERS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed SCIF's petition for removal because the June 6, 2013 order was not a final order. A prior order dated April 25, 2013, dismissing lien claims, was labeled "proposed" and remained ambiguous. The WCJ's subsequent rescission of that order was permissible as it was merely a notice of a future final order. As SCIF was not aggrieved by the rescission of a non-final order, their petition was dismissed.

Petition for RemovalOrder RescindingProposed FindingsLien ClaimsLien Activation FeeLabor Code Section 4903.06WCJ JurisdictionFinal OrderAggrieved PartyWorkers' Compensation Appeals Board
References
0
Case No. ADJ4157066 (FRE 0207236)
Regular
Jul 01, 2009

PORFIRIO ABRAJAN vs. JOSE OCHOA FARM LABOR SERVICES, INC., VARIOUS EMPLOYERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted SCIF's petition for reconsideration, rescinding the Arbitrator's prior order. The Board found the Arbitrator erred by incorrectly shifting the burden of proof to SCIF to disprove the reasonableness of the facility fees. Instead, the Board clarified that lien claimants, as the affirmative party, always bear the burden of proving their charges are reasonable. The case was returned to the Arbitrator to apply the correct legal standard and reassess the evidence.

Workers' Compensation Appeals BoardPorfirio AbrajanJose Ochoa Farm Labor ServicesState Compensation Insurance FundADJ4157066ReconsiderationFacility FeesOutpatient Surgical ProceduresIngenix methodologyLien Claimants
References
14
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