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PanelQMEMed-legalLienGranted

Sosa, Jose

JOSE SOSA, Applicant vs. MOUNTAIN VIEW TIRE & SERVICE; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number: ADJ8078762
Decision date: Jan 26, 2025
District office: Long Beach
WCJ: —
Claim administrator: Travelers Property Casualty Company of America
Commissioners: CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: neck, upper extremities, hands, back, lower extremities, nervous system

LC §3205.5LC §4620LC §4621LC §4622LC §5705LC §5804LC §5900LC §5909LC §132LC §4553LC §4553.1LC §4554LC §4555LC §4558CCR §10786CCR §10600CCR §10530CCR §10635

Summary

Cost petitioner Platinum Copy, Inc. (PCI) sought reconsideration of a WCJ's F&O that found PCI had standing under WCAB Rule 10786(b) to file a petition for medical-legal determination but failed to meet its burden of proof for reimbursement of subpoena costs for records from applicant's prior attorney (Law Offices of Jon Woods) and treating physician Dr. Arthur Harris. The WCJ had reasoned that PCI failed to show the records could not have been obtained informally and that the expenses were reasonably and necessarily incurred. The Appeals Board disagreed, holding there is no requirement that an attorney first seek records by written request before subpoenaing them, and that issuing subpoenas was a reasonable exercise of attorney discretion in a contested claim. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level to determine the reasonable value of the medical-legal services per the OMFS.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.