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PanelQMEMed-legalLienGranted in Part

Garcia, Roberto

ROBERTO GARCIA, Applicant vs. CURRENCY CLOTHING; CASTLEPOINT NATIONAL INSURANCE COMPANY, in liquidation, serviced by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Defendants

ADJ number: ADJ8097031
Decision date: Aug 28, 2024
District office: Los Angeles
WCJ: —
Claim administrator: California Insurance Guarantee Association (CIGA) servicing CastlePoint National Insurance Company, in liquidation
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: head, back, neck, shoulders, knee

LC §4620LC §4621LC §5710CCR §9793

Summary

Lien claimant Tower Imaging provided photocopy/medical-legal records services in September and November 2013 in connection with applicant Roberto Garcia's cumulative trauma claim against Currency Clothing (insured by CastlePoint National, in liquidation, serviced by CIGA). The WCJ disallowed the lien, finding no contested claim existed at the time the copy services were rendered. The WCAB granted reconsideration and held that a contested claim plainly existed, because applicant filed his Application claiming injury and benefits on December 5, 2011 — almost two years before the copy services — and defendant had not timely paid benefits or denied the claim within the statutory 14-day period. The Board affirmed the F&O but amended Finding of Fact 2 to find a contested claim existed and deferred all other issues regarding the lien.

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.