WCPanelIQ
PanelIBRLienDenied

Clark, Kelly

KELLY CLARK, Applicant vs. CITY OF LOS ANGELES, permissibly self-insured, administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC., Defendants

ADJ number
ADJ10348223
Decision date
Mar 9, 2025
District office
Van Nuys
WCJ
David L. Pollak
Claim administrator
Intercare Holdings Insurance Services, Inc.
Commissioners
—

Injury / body parts: cervical spine, lumbar spine, right shoulder, left knee, gastrointestinal system (gastroesophageal reflux disease)

LC §5909LC §5952LC §5953LC §5908.5LC §5901LC §5950LC §4709LC §4603.2LC §5701

Summary

Applicant Kelly Clark, a Los Angeles police officer, sustained two industrial injuries (December 17, 2014 and October 8, 2015). Lien claimant Basso Pharmacy filed a lien for $32,814.14 for pharmacy services rendered June 23, 2017 to January 10, 2019. At a lien trial, defendant raised an affirmative defense under Labor Code section 4603.2(b)(1)(B), arguing the billing was not submitted within 12 months of the dates of service, but neither party produced evidence of when the billing was served or received. The WCJ found defendant failed to meet its burden of proof on the timeliness defense and issued a Notice of Intention to appoint an independent bill review expert. The Appeals Board addressed the section 5909 timing issue (the petition was not received/reviewed until January 7, 2025 though filed April 24, 2023), applied equitable tolling under Shipley, and denied reconsideration, adopting the WCJ's Report and Opinion.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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