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Case Law Database

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

Case No. ADJ7722200
Regular
Jul 20, 2015

LILIA CAMACHO vs. ANGELS BASEBALL, LP, ACE AMERICAN INSURANCE

This Workers' Compensation Appeals Board (WCAB) case involves lien claimant VQ Orthocare's petition for reconsideration after their lien was dismissed for failure to appear at a scheduled conference. VQ Orthocare attributed their absence to a miscalendaring error caused by a mistake in the applicant's name. The WCAB adopted the judge's report recommending denial of the petition, finding no grounds to rescind the dismissal for failure to appear. The WCAB noted the judge could consider sanctions against VQ Orthocare due to their non-appearance at a conference they scheduled and lack of efforts to rectify the situation.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienFailure to AppearLien conferenceDeclaration of Readiness to ProceedMiscaleandingInadvertence and mistakeWCJ
References
0
Case No. ADJ3219750 (LAO 0795115)
Regular
Dec 11, 2010

RAFAELA GARCIA vs. SILVERTON LAW OFFICES, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted removal and rescinded a WCJ's order to show cause why sanctions should not be assessed against lien claimant VQ OrthoCare. This order stemmed from VQ OrthoCare's litigation manager inadvertently checking the wrong box on an e-form, requesting a status conference instead of a lien conference. The Board found no legal basis for sanctions under the applicable rules, as the error was a mistake on a recently amended form and did not constitute bad faith or frivolous conduct. The Petition for Reconsideration was dismissed as the order was interlocutory.

Petition for RemovalOrder to Show CauseSanctionsDeclaration of Readiness to ProceedLien ClaimantElectronic Adjudication Management SystemEAMSInterlocutory OrdersRescind OrderLabor Code Section 5310
References
6
Case No. ADJ7236428
Regular
Oct 01, 2012

BRIAN CAMPBELL vs. COUNTY OF SAN BERNARDINO

This case involves a dispute over a $2,017.04 lien filed by VQ OrthoCare for medical equipment provided to injured worker Brian Campbell. The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous order allowing the lien. The Board found that VQ OrthoCare failed to meet its burden of proof under Labor Code section 4600, as there was insufficient medical evidence establishing the necessity of the OrthoStim4 equipment for the applicant's industrial injury. The prior findings regarding inadequate utilization review and service issues were rendered moot by this determination.

VQ OrthoCarelien claimantLabor Code section 4600burden of proofmedical treatmentutilization revieworthopedic consultationsprimary treating physicianagreed medical examinerOrthoStim4
References
3
Case No. ADJ8182087
Regular
Jan 18, 2018

Darin Day vs. CITY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board affirmed a prior decision allowing a medical lien by VQ Orthocare against the City of Los Angeles. The Board found VQ's lien was valid despite late filing of a required declaration, as the lien was filed before the relevant statute's effective date. Defendant's arguments regarding the timeliness and form of the declaration were rejected, with the Board noting compliance with procedural rules for electronic filing and declarations under penalty of perjury. The lien was thus permitted to proceed on its merits.

Labor Code section 4903.8(d)Declaration requirementLien validityStatute of limitationsReconsiderationFindings and OrderMedical treatment lienSB 863SB 1160Declaration of readiness
References
11
Case No. ADJ9868079
Regular
Apr 19, 2018

BLANCA GALLARDO vs. CRISTEK INTERCONNECTS, INC.

The Workers' Compensation Appeals Board granted defendants' petition for reconsideration to address issues regarding lien claimants' billings. The Board rescinded the initial Findings and Award and remanded the case to the trial level to determine the reasonableness of billings for Southland, VQ Orthocare, and West County Diagnostics under the Official Medical Fee Schedule. The Board also deferred any award related to Proclaim Physician Services' lien, requiring further proceedings on that claim. Additionally, the Board corrected penalties and interest rates on awards for the other lien claimants.

Petition for ReconsiderationFindings and Awardlien claimantsthird-party billing agencyassignmentbilling and collectingagentreasonable and necessaryOfficial Medical Fee Schedulepenalties
References
0
Case No. ADJ4511531 (LAO 0860156)
Regular
Dec 16, 2010

LEE HARPER vs. KING DREW MEDICAL CENTER, TRISTAR RISK MANAGEMENT

This case involves a lien claimant, VQ OrthoCare, whose litigation manager inadvertently checked the wrong box on an electronic filing form, requesting a "Status Conference" instead of a "Lien Conference." The Administrative Law Judge (WCJ) issued an Order to Show Cause why sanctions should not be imposed for this error and for allegedly filing a false declaration regarding settlement. The Appeals Board granted the lien claimant's petition for removal, finding the WCJ's order to be an interlocutory procedural order, not a final decision subject to reconsideration. Ultimately, the Board rescinded the order to show cause and dismissed the petition for reconsideration, deeming the error excusable and lacking legal basis for sanctions.

WCABPetition for RemovalPetition for ReconsiderationOrder to Show CauseSanctionsLien ClaimantDeclaration of ReadinessStatus ConferenceLien ConferenceEAMS
References
6
Case No. MNKOI 0000714498
Regular
Jul 03, 2018

SALVADOR MOTA vs. BOSKOVICH FARMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board denied CIGA's petition for reconsideration regarding a lien claim. CIGA argued the lien was barred by Insurance Code section 1063.1(c)(9) because the claimant, VQ Ortho/Vision Quest Industries, Inc. (VQ), was an assignee. However, the Board found VQ was the original claimant who had temporarily assigned and then reassigned the claim back to itself. This allowed VQ to assert the lien as the original provider of services, consistent with the legislative intent of CIGA to protect original claimants.

CIGACovered ClaimInsurance Code 1063.1(c)(9)AssigneeOriginal ClaimantLien ClaimReconsiderationWCABWCJVQ Ortho/Vision Quest Industries
References
3
Case No. RIV 0059071
Regular
Feb 05, 2008

ROBERT SMITH vs. RIVERSIDE UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board case involves a Petition for Reconsideration filed by Vision Quest Orthocare concerning applicant Robert Smith and defendant Riverside Unified School District. The Board has dismissed the petition, adopting the reasoning provided in the administrative law judge's report and recommendation. Consequently, the petition for reconsideration is officially dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRiverside Unified School DistrictWCJ ReportAdministrative Law JudgePermissibly Self-InsuredVision Quest OrthocareSan FranciscoService by Mail
References
0
Case No. ADJ8988763 ADJ8988773
Regular
Mar 06, 2018

ROSA FLORES vs. WILLIAM KING HEALTH CARE GROUP, AMTRUST, TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration of a sanctions order against lien claimant VQ Healthcare and hearing representative Ana Montes Gluck. The WCJ had sanctioned them for failing to submit a trial brief and presenting insufficient evidence, violating Labor Code section 5813 and WCAB Rule 10561. The Board found that while sanctions were warranted for failing to meet their burden of proof, the initial amount was excessive. Consequently, the Board reduced the individual sanctions to $100 each and rescinded the awarded attorney fees, deeming them unwarranted.

WCABPetition for ReconsiderationOrder Imposing SanctionsLien ClaimantLabor Code Section 5813WCAB Rule 10561Trial BriefSubstantial EvidenceBad Faith ActionsFrivolous Tactics
References
4
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