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Case No. ADJ9379743 ADJ9133071

Regular

Dec 10, 2018

SHERRY ARELLANES vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted Firstline Health's Petition for Reconsideration, rescinding the prior order that Firstline's liens were subject to a stay under Labor Code section 4615. The Board found the original decision improperly relied on criminal indictment allegations as evidence and lacked substantial evidence to prove Firstline was "controlled" by a criminally charged individual as defined by statute. Consequently, the cases are returned to the trial level for further proceedings to properly address the evidentiary basis for any potential stay.

Labor Code Section 4615Labor Code Section 139.21Lien ClaimantPetition for ReconsiderationJoint Findings of FactWorkers' Compensation Administrative Law Judge (WCJ)Criminal IndictmentDepartment of Industrial Relations (DIR)Electronic Adjudication Management System (EAMS)Dirt potential stay list

References

Case No. ADJ9379743, ADJ9133071

Regular

Oct 23, 2017

SHERRY ARELLANES vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) granted removal to the lien claimant, Firstline Health, regarding a WCJ's order staying its lien under Labor Code section 4615. The WCAB found the WCJ's initial factual findings regarding the stay were not supported by substantial evidence. While the WCAB rescinded those specific findings, it affirmed the WCJ's decision to set a new hearing to allow for evidence on whether Firstline's lien was filed "on behalf of" an indicted provider. The fundamental question remains whether the lien implicates the section 4615 stay, requiring further evidence.

Labor Code section 4615Petition for RemovalLien claimantWorkers' compensation fraudIndictmentMedical providerAutomatic stayDisposition of criminal proceedingsSubstantial evidenceOwnership documentation

References

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SHERRY ARELLANES vs. COUNTY OF RIVERSIDE