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

Case No. ADJ7611909 ADJ8870925
Regular
Jan 20, 2016

ANTONIA RIVAS vs. EL PRADO RESTAURANT, THE COHEN RESTAURANT GROUP, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board reversed the prior decision, allowing lien claimant Preferred Scan's exhibits into evidence. Applying the en banc decision in *Cornejo*, the Board found that Preferred Scan made an unrebutted prima facie showing of exemption from Business and Professions Code registration requirements. This exemption applies because Preferred Scan acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. The case is returned for a new decision on the lien claim.

Preferred ScanRivas v. El Prado RestaurantADJ7611909ADJ8870925WCABReconsiderationBusiness and Professions Code 22450Business and Professions Code 22451(b)Cornejo v. Younique CaféInc.
References
Case No. ADJ2440179
Regular
Dec 09, 2013

JOSE DUARTE vs. CAL ALMOND, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This Workers' Compensation Appeals Board case involves a lien claimant, David Amaral, D.C., seeking reconsideration of an administrative law judge's (WCJ) order limiting payment for medical services. The WCJ found that Dr. Amaral provided reasonable and necessary services but only for six specific dates, excluding other claimed dates and certain computerized testing. The Board denied the petition for reconsideration, agreeing with the WCJ that Dr. Amaral failed to meet his burden of proof for the additional dates. Furthermore, issues of penalties and interest were deferred at trial and were not properly before the Board on reconsideration.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings of Fact and OrderAdministrative Law JudgeReasonable and Necessary Medical ServicesUtilization ReviewBurden of ProofStipulated AwardOfficial Medical Fee Schedule
References
Case No. ADJ2956078
Regular
Nov 17, 2010

FILIBERTO SANTOYO vs. FIESTA FOOD WAREHOUSE, SPRINGFIELD INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding that the applicant misrepresented material evidence in the petition. The applicant had argued the trial judge issued an order without allowing a response, thus violating due process. However, the Board found inconsistencies between the applicant's claims regarding medical reports and the actual contents of those reports. The case is returned to the trial level for proceedings consistent with the opinion.

Petition for RemovalOrder RescindingDue ProcessQualified Medical EvaluatorsMedical Record DevelopmentApplication for Adjudication of ClaimIndustrial InjurySecurity GuardRight KneeLower Extremities
References
Case No. ADJ8302620
Regular
May 16, 2018

ENRIQUE MUNOZ vs. ACROMIL CORPORATION, COMPWEST

Lien claimants Preferred Scan and Tower Copy sought reconsideration after their photocopying liens were initially disallowed by the WCJ. The WCJ found the charges not reasonably required to prove a contested case. Following mediation, the parties stipulated to settle Preferred's lien for $4,500 and Tower's for $600. The Appeals Board amended the original order to approve these stipulations and award the settlement amounts.

WCABADJ8302620lien claimantsreconsiderationFindings and OrderWCJphotocopying chargescontested caseStipulationsmediation
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. ADJ8089263
Regular
Oct 28, 2015

ANGELICA LEGASPI vs. UNO PRODUCE MARKET, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's decision that disallowed lien claimant Preferred Scan's (PS) claim. The Board found PS was exempt from registration as a professional photocopier because it acted as an agent or independent contractor for applicant's attorney, a member of the State Bar, as permitted by Business and Professions Code section 22451(b). The WCAB emphasized that the statute's plain language does not require the agent or contractor to forgo profit for the exemption to apply. The case was returned to the trial level for a new decision on the compensability of the lien.

Workers' Compensation Appeals BoardLien ClaimantPreferred ScanBusiness and Professions Code section 22451(b)Business and Professions Code section 22450registered professional photocopierState Bar memberagentindependent contractorWCJ
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. ADJ11184438
Regular
Oct 02, 2019

Ricardo Villanueva vs. Golden Labor Services, LLC, Security National Insurance Company

The applicant sought reconsideration of a WCJ's denial of temporary disability benefits from February 1, 2018, to January 9, 2019, for a left shoulder injury. The Appeals Board granted reconsideration, affirming denial of benefits from June 5, 2018, due to refusal of modified work but deferring the issue of benefits from February 1, 2018, to June 4, 2018. This deferral is due to the WCJ's inability to locate critical medical reports, which appear to have been physically filed but not properly scanned into the electronic system through no fault of the applicant. Further proceedings are required to properly rescan and consider these exhibits.

Petition for ReconsiderationTemporary Disability IndemnityModified WorkLabor Code Section 4658.1Electronic Adjudication FileTreating Physician ReportsAmended Petition for PenaltiesSeparate Time-StampDocument Separator SheetScanned Exhibits
References
Case No. ADJ9506148
Regular
Nov 05, 2019

RAUL GARCIA vs. RELIABLE RESOURCES, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of sanctions imposed on Citywide Scanning Services, Ani Balian, and Debbie Ketchens. The WCAB found that Balian and Ketchens lacked sufficient notice regarding the sanctions petition, thus reversing their personal liability. While Citywide's actions were deemed frivolous, the issue of attorney's fees for the defendant's representatives was deferred for further proceedings. The matter was returned to the trial level for these additional proceedings.

WCABCitywide Scanning ServicesAni BalianDebbie KetchensPetition for ReconsiderationFindings and OrdersWCJfrivolousbad faithsanctions
References
Case No. ADJ8278787
Regular
Mar 04, 2014

FERMINA GALLEGOS vs. KINDRED HEALTHCARE, SEDGWICK, CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for lien claimant Preferred Scan, Inc., who sought to set aside an order dismissing their lien due to non-appearance at a lien conference. The WCJ recommended granting the petition, citing excusable neglect for the lien claimant's miscalendaring. The WCAB further found procedural defects, including the failure to issue a notice of intention to dismiss and improper delegation of service. Consequently, the WCAB rescinded the dismissal order and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ConferenceExcusable NeglectNotice of Intention to DismissTitle 8 California Code of Regulations Section 10562Title 8 California Code of Regulations Section 10241Title 8 California Code of Regulations Section 10500Rescinded
References
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