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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9116549
Regular
Mar 13, 2020

EMMA MEDINA vs. SUNRISE RESTAURANT, LLC, DENNY'S RESTAURANT, CANNON COCHRAN MANAGEMENT SERVICES, CHUBB INSURANCE

This Workers' Compensation Appeals Board case concerns the reimbursement for lien claimant Preferred Scan's copy services. The Board granted reconsideration to clarify what constitutes medical-legal expenses and the reasonable value of copy services. The Appeals Board rescinded the original award and returned the matter for further proceedings, finding that certain copy services for medical records were properly considered medical-legal expenses. However, the reasoning for doubling the copy service fee schedule was insufficient and requires further development at the trial level.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantCopy ServicesMedical-Legal ServicesCopy Service Fee ScheduleLabor CodeSubpoena Duces TecumExplanation of ReviewCompromise and Release
References
Case No. ADJ1158684 (GOL 0099195)
Regular
Nov 14, 2008

CAROLINA VELA vs. SERVICE MASTER CBM, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a clerical error, reducing the lien awarded to Lorena Ortiz-Schneider from $4,025.00 to $1,995.00. The Board also denied Associated Reproduction Services' petition, affirming the WCJ's decision to award copy charges at a reasonable rate of 20 cents per page, referencing precedent established by *Kunz* and *Sweet*. This decision clarifies the correct lien amount and upholds the application of reasonable rates for reproduction services.

WCABPetition for ReconsiderationLien ClaimantInterpreting ServicesCopy ChargesReasonableness of ChargesMedical-Legal ExpensesClerical ErrorDecision After ReconsiderationKunz v. Patterson
References
Case No. ADJ15495483; ADJ15494417
Regular
Sep 30, 2025

GLADYS SERRANO vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The cost petitioner, Platinum Copy, sought reconsideration of a WCJ's 'Joint Findings, Order, and Opinion on Decision' that denied their petitions for medical-legal costs and sanctions. The WCJ had granted defendant's motion to quash subpoenas and found Platinum Copy failed to prove their entitlement to recover costs due to unreasonableness and lack of necessity of the services. The Appeals Board affirmed the WCJ's decision, concluding that Platinum Copy failed to establish the reasonableness and necessity of the incurred services, including improper service of subpoenas, thus denying the Petition for Reconsideration.

WCABPlatinum CopyPetition for ReconsiderationMotion to QuashMedical Legal CostsSubpoenasContested ClaimLabor Code Section 5909Colamonico v. Secure TransportationAD Rule 9982
References
Case No. ADJ9128634
Regular
Apr 22, 2016

PATRICIA DECUIR vs. COLLEGE HOSPITAL; ZURICH NORTH AMERICAN, administered by PATRIOT RISK SERVICES

In this workers' compensation case, the lien claimant, Med-legal Photocopy, sought reconsideration after its lien for $1,708.69 was denied. The Workers' Compensation Appeals Board denied the petition, upholding the finding that the lien claimant failed to prove its services were reasonable and necessary to resolve a contested claim. The Board noted the lien claimant provided no evidence detailing the records obtained or their use in litigation. Furthermore, the lien claimant did not adequately justify its per-page scanning charges, which significantly exceeded the rates outlined in the copy service fee schedule.

Lien claimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals BoardWCJunreasonable and unnecessary servicescontested claimlien claimant burden of proofcopy service fee schedulepenalties and interest
References
Case No. ADJ9668315
Regular
Jan 10, 2020

MARTIN AMADOR vs. CAL CENTRAL HARVESTING, STAR INSURANCE COMPANY

This case concerns a lien claimant, Citywide Scanning, seeking payment for medical-legal discovery services. The Workers' Compensation Appeals Board (WCAB) affirmed the initial award but deferred the issue of the reasonable value of services. The WCAB found the defendant waived objections to the invoices by failing to provide timely explanations of review, thus incurring a penalty and interest. However, the WCAB returned the matter for further proceedings to establish a reasonable value, as the initial evidence was insufficient.

WCABReconsiderationLien ClaimantCitywide ScanningFindings of FactAward and OrderMedical-Legal Discovery ServicesCopy ServicesExplanation of Review (EOR)Labor Code Section 4622
References
Case No. ADJ1784264 (MON 0302991) ADJ2898466 (MON 0339769)
Regular
Oct 14, 2011

GIRGIS FAM vs. UCLA MEDICAL CENTER, permissibly self-insured, Administered by Sedgwick Claims Management Services

This case concerns the selection of a child care provider for a permanently and totally disabled applicant. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration. The WCAB reversed the judge's decision, allowing the applicant to select his own child care provider, reasoning that this service is personal, similar to selecting a physician. The Board emphasized that the continuity of care and applicant's confidence in the provider outweigh the employer's desire to use a licensed and bonded provider selected by them.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardPermanently totally disabledCaretaking servicesChild care servicesGardening servicesPool maintenance servicesStructural modificationsCauda-equina syndrome
References
Case No. ADJ8656214
Regular
May 16, 2025

Martha Lezama vs. Kellermeyer Bergensons Services, Zurich Insurance

The cost petitioner, Supreme Copy Service, sought reconsideration of a Findings of Fact and Order (F&O) that denied payment for their medical-legal services. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the issues. Subsequently, the parties resolved the matter through a stipulation, agreeing to a settlement amount. The WCAB approved this stipulation and order, thereby rescinding the initial F&O.

Workers' Compensation Appeals BoardReconsiderationCost PetitionerMedical-Legal ServicesStipulation and AwardFindings of Fact and OrderRescindedApprovedGallagher BassettZurich Insurance
References
Case No. ADJ8092562 MF ADJ8222911
Regular
Feb 22, 2016

JULIA OZUNA vs. KERN COUNTY SUPERINTENDENT OF SCHOOLS

The Appeals Board granted reconsideration and rescinded the WCJ's decision regarding lien claimant Associated Reproduction Services, Inc. (ARS). The Board found that ARS was acting as an agent for the applicant's attorney, making its copying services potentially compensable medical-legal expenses. Crucially, ARS is not required to prove that every copied record was specifically relied upon by the AME, only that the copying was reasonably undertaken to discover relevant information. The case is returned to the trial level for further proceedings to determine a reasonable fee for ARS's services and address the claim for interest.

Associated Reproduction ServicesAMEDr. Roger Sohnlien claimantcopy service feesmedical-legal expensesLabor Code §4620(a)Labor Code §4622interestfee schedule
References
Case No. ADJ8475421
Regular
Mar 30, 2017

Jessica Duncan vs. Right At Home, Travelers Diamond Bar

The Workers' Compensation Appeals Board denied reconsideration of a lien claimant's claim for medical services. The Board found that the lien, filed on June 4, 2016, was barred by the 18-month statute of limitations under Labor Code section 4903.5(a). This was because the last date of service was August 8, 2013, which fell after the July 1, 2013, implementation date of the 18-month rule. The Board also held that it lacked the authority to rule on constitutional vagueness claims.

Labor Code section 4903.5(a)Lien claimStatute of limitationsReconsiderationWorkers' Compensation Appeals BoardWCJTimelinessDate of servicesContinuous treatmentUnconstitutionally vague
References
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