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

Case No. ADJ6724203
Regular
Mar 29, 2013

Med-Legal LLC vs.

The Workers' Compensation Appeals Board granted Med-Legal LLC's Petition for Reconsideration, rescinding the dismissal of its lien. Med-Legal claimed its representative was present at the lien conference and never received the Notice of Intention to Dismiss. Due to unclear hearing minutes and conflicting address information, the Board found the record regarding the conference unclear. The case is returned to the trial level for further proceedings to determine the lien's compensability.

Med-Legal LLCPetition for ReconsiderationOrder of Dismissallien conferenceNotice of Intention to DismissMinutes of Hearingrescindedreturned to trial levelillegible recordszip code discrepancy
References
0
Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. ADJ9537329 ADJ9537436
Regular
Oct 10, 2019

LINDA RAMIREZ vs. PACIFIC ASIAN CONSORTIUM IN EMPLOYMENT, INC., CYPRESS INSURANCE COMPANY

This case involves a lien claimant, Med-Legal Photocopy, seeking reconsideration of a WCJ's decision that disallowed their lien for photocopy costs. The WCJ initially found no contested claim existed during the period the costs were incurred, thus invalidating the lien. However, the Appeals Board granted reconsideration, amending the F&O to find that a contested claim did exist during the period in question. Consequently, the lien of Med-Legal Photocopy is now deferred for further proceedings before the WCJ.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderMedical-legal costsContested claimApplication for Adjudication of ClaimCompromise and ReleaseBurden of proofLabor Code
References
1
Case No. ADJ8019724
Regular
Jun 07, 2013

LORETO RAMIREZ vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board denied Med-Legal Photocopy's petition for reconsideration. The Board upheld the administrative law judge's decision to dismiss Med-Legal's lien with prejudice. This dismissal was based on Med-Legal's failure to pay the mandatory lien activation fee as required by Labor Code § 4903.06. The Board found the statutory language clear and unequivocal regarding the obligation and deadline for paying this fee, regardless of when the case was initially set.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeLien ConferenceLien Activation FeeLabor Code § 4903.06Dismissal with PrejudiceRetroactive ApplicationFigueroa v. B.C. Doering Co.En Banc Decision
References
1
Case No. ADJ8649778
Regular
Mar 18, 2019

Rand Sessor vs. AKH COMPANY, INC., THE HARTFORD INSURANCE COMPANY, Cannon Cochran Management Services, Inc.

This case concerns a lien claim by Med-Legal Photocopy for services rendered to applicant Rand Sessor. The Workers' Compensation Appeals Board (WCAB) granted Med-Legal's petition for reconsideration, reversing the WCJ's finding that the lien was untimely. The WCAB held that the lien was timely filed within the 18-month statutory period under Labor Code section 4903.5, as the date of service was established by an invoice and accompanying records sent on September 11, 2013. Consequently, Med-Legal's lien was found to be valid.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationLabor Code section 4903.5Statute of limitationsDate of serviceIndustrial injuryCompromise and ReleaseSubpoena duces tecumInvoice
References
8
Case No. ADJ7329425
Regular
May 09, 2019

Maria Lopez vs. KELLY SERVICES, ACE AMERICAN INSURANCE COMPANY

This case involves a dispute over whether the defendant insurer could apply its $592,534.80 third-party recovery credit against liens from Western Medical Center and Med-Legal Photocopy. Both lien claimants petitioned for reconsideration of the initial decision allowing this credit. Following a settlement conference, the defendant and lien claimants reached separate stipulations: Western Medical Center agreed to accept $60,000, and Med-Legal Photocopy agreed to accept $500, in full satisfaction of their respective liens. The Appeals Board approved these stipulations, amending the original Findings and Order to reflect the agreed-upon resolutions.

Workers' Compensation Appeals BoardReconsiderationThird-Party CreditLien ClaimantsMedical Treatment ReimbursementPhotocopying ExpenseStipulationSettlement ConferenceFindings and OrderWCJ
References
0
Case No. ADJ2192080 (POM 0289726)
Regular
Jan 19, 2016

MARTHA NOLASCO vs. CITIZENS BUSINESS BANK, FEDERAL INSURANCE, CHUBB GROUP

The Workers' Compensation Appeals Board granted reconsideration and affirmed the prior order, finding that Med-Legal's photocopying services were medical-legal expenses incurred to prove a contested claim. However, Med-Legal failed to demonstrate that its charges for these services were reasonable, and therefore is not entitled to additional payment beyond what the defendant already paid. Issues regarding penalties and interest were deferred.

Workers' Compensation Appeals BoardLien ClaimantMedical-Legal ExpensesPhotocopying ServicesReasonableness of ChargesPetition for CreditCompromise and ReleaseBurden of ProofMarket Rate ComparisonsFee Schedule
References
5
Case No. ADJ8499810
Regular
Mar 26, 2018

EXTRAIN ZARATE vs. JJ FARM LABOR, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Med-Legal Photocopy's Petition for Reconsideration. The original order denied Med-Legal's lien, finding it failed to meet its burden of proof. The Board rescinded this order, returning the case for further proceedings focusing on whether the defendant followed the correct procedure for contesting medical-legal expenses under former Labor Code section 4622. This requires employers to notify providers of contests within 60 days of receiving necessary documents.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings of FactWCJMedical-Legal ExpenseSubpoenas Duces TecumLabor CodeMedical TreatmentCompromise and Release
References
2
Case No. ADJ9437577
Regular
Nov 30, 2017

CLAUDIA PARRA vs. COVIDIEN, NEW HAMPSHIRE INSURANCE COMPANY, ESIS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimant Med-Legal Photocopy. The WCAB found the trial judge erred in denying Med-Legal's lien due to technical defects in subpoenas and the filing method. The WCAB held that invalid subpoena signatures and the filing of a lien, rather than a petition, were not grounds for denial. The case was returned for further proceedings to determine if a "contested claim" existed at the time the expenses were incurred, a necessary element for lien recovery.

Lien claimantPetition for ReconsiderationFindings and OrderWCJsubpoena duces tecummedical-legal expensescontested claimLabor Code section 4620liberal discoveryrescinded
References
6
Case No. ADJ9571499
Regular
Dec 19, 2017

ANNABELLE JAVIER vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA AND THE UNIVERSITY OF CALIFORNIA IRVINE MEDICAL CENTER

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Med-Legal LLC. The Board found that the defendant's objection to Med-Legal's photocopying charges, while timely, failed to include required information regarding the lien claimant's right to appeal. Consequently, the Board rescinded the original order disallowing the lien and returned the matter to the WCJ for further proceedings. This means the initial denial of liability for the lien claimant's services is set aside due to the deficient objection notice.

Workers' Compensation Appeals BoardLien claimantExplanation of Review (EOR)Medical-legal expensesLabor CodeRule 9794Objection to denialTimely objectionReconsiderationRescind
References
2
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