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

Case No. ADJ7483846

Regular

Feb 18, 2016

ASHLEY SWAIN vs. THE HELP GROUP, ZENITH INSURANCE COMPANY

This case concerns a lien claim for $\$3,157.15$ by DocCentral for discovery costs, specifically document photocopying services. The defendant employer challenged the lien, arguing DocCentral failed to prove compliance with legal requirements and necessity of services. The Workers' Compensation Appeals Board affirmed the lien award, finding DocCentral acted as an agent for the applicant's attorney, thus exempting it from certain regulations. The Board also determined the services were reasonable and necessary for proving the contested claim, and the defendant waived objections by failing to raise them timely.

Workers' Compensation Appeals BoardLien ClaimantDocCentralMedical-Legal CostsDiscovery CostsReasonable and NecessaryUnrebutted Prima Facie ShowingAgent or Independent ContractorBusiness and Professions CodeLabor Code Section 4620(a)

References

Case No. ADJ11900759

Regular

Oct 20, 2025

Luis Hernandez vs. Cesar Chavez Foundation, Berkshire Hathaway Homestate Insurance Company

The Workers' Compensation Appeals Board denied defendant Berkshire Hathaway Homestate Insurance Company's petition for reconsideration. The defendant challenged an earlier decision that found a contested claim existed when cost petitioner DocCentral provided subpoena services. The Board affirmed its previous finding, clarifying that a claim becomes contested upon an employer's delay notice, thus allowing discovery. The Board rejected the defendant's argument that a denial was required for a contested claim, citing prior en banc decisions to support its position on discovery during delay periods.

Contested claimLabor Code § 4620(b)8 CCR § 9793(b)Petition for ReconsiderationOpinion and Order DenyingDocCentralsubpoena servicesdelay noticemedical-legal expenseAdjudication of Claim

References

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ASHLEY SWAIN vs. THE HELP GROUP, ZENITH INSURANCE COMPANY

Luis Hernandez vs. Cesar Chavez Foundation, Berkshire Hathaway Homestate Insurance Company

Contested claimLabor Code § 4620(b)8 CCR § 9793(b)Petition for ReconsiderationOpinion and Order DenyingDocCentralsubpoena servicesdelay noticemedical-legal expenseAdjudication of Claim