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Case No. ADJ2375135 (MON 0350920) MF ADJ3115402 (MON 0350919)

Regular

Nov 14, 2017

ISAIAS AYALA vs. D & D MOVE IT TREES, STATE COMPENSATION INSURANCE FUND

This case concerns a worker's entitlement to 24/7 home health care services following industrial injuries. The Appeals Board rescinded a prior order, finding the applicant entitled to home health care services based on substantial evidence from medical reports by Dr. Konstat and Dr. Hekmat. Liability for these services begins 14 days prior to the defendant's receipt of Dr. Hekmat's June 29, 2011 report, with the issue of earlier liability deferred for further proceedings. Dr. Konstat's reports, while extensive, do not qualify as prescriptions under Labor Code section 4600(h), but Dr. Hekmat's reports do.

Workers Compensation Appeals BoardReconsiderationUtilization ReviewHome Health CareTreating PsychologistPrimary Treating PhysicianSubstantial EvidencePrescriptionRequest for AuthorizationMPN

References

Case No. ADJ6909317

Regular

Feb 24, 2015

ANA ZELAYA vs. SUSAN CALDWELL dba WALNUT ACRES RESIDENTIAL CARE, ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board imposed $\$ 250$ sanctions each on lien claimants Hekmat Orthopaedics and Beverly Hills Center for Arthroscopic and Outpatient Surgery, jointly and severally with their hearing representative, Zoila Webster. This decision stemmed from their frivolous Petitions for Reconsideration, which caused unnecessary delay. While the Board declined to award attorney fees requested by the defendant, both lien claimants and Webster are warned that fees may be imposed for future similar conduct. Payment of sanctions is due within twenty days to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardRemovalSanctionsLien claimantsFrivolous petitionsHearing representativeJointly and severallyOpinion and DecisionNotice of IntentPetition for Costs

References

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ISAIAS AYALA vs. D & D MOVE IT TREES, STATE COMPENSATION INSURANCE FUND

Workers Compensation Appeals BoardReconsiderationUtilization ReviewHome Health CareTreating PsychologistPrimary Treating PhysicianSubstantial EvidencePrescriptionRequest for AuthorizationMPN

ANA ZELAYA vs. SUSAN CALDWELL dba WALNUT ACRES RESIDENTIAL CARE, ENDURANCE INSURANCE COMPANY

Workers' Compensation Appeals BoardRemovalSanctionsLien claimantsFrivolous petitionsHearing representativeJointly and severallyOpinion and DecisionNotice of IntentPetition for Costs