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PanelLienDenied

Castillo, Jose

JOSE CASTILLO, Applicant vs. KEPNER PLASTIC FABRICATORS, INC; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ2699367
Decision date: Jul 23, 2024
District office: Anaheim
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSE H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §4903.05LC §4903LC §4603.6LC §4610.5LC §4610LC §4600LC §5903CCR §10961CCR §10962

Summary

Lien claimant Charles Schwarz, M.D., applicant's primary treating physician, sought reconsideration of a WCJ's April 16, 2024 F&O and May 14, 2024 Amended F&O dismissing his lien with prejudice by operation of law. The WCJ found that the lien claimant failed to file the declaration required by Labor Code section 4903.05 by July 3, 2017, and that independent medical reviews filed before that date were irrelevant to the declaration requirement. The Board noted procedural error in that the WCJ left the original decision intact rather than rescinding it as required by Rule 10961, but deemed it harmless. The Board found that lien claimant produced no declaration in the record and failed to meet its burden of proof. Reconsideration was denied and the dismissal by operation of law was upheld.

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.