WCPanelIQ
PanelMed-legalLienGranted

Villalobos, Tobias

TOBIAS VILLALOBOS, Applicant vs. I HEARTMEDIA; XL INSURANCE AMERICA, administered by CORVEL CORPORATION, Defendants

ADJ number
ADJ10868847
Decision date
Date unavailable
District office
Los Angeles
WCJ
—
Claim administrator
CorVel Corporation (administering for XL Insurance America)
Commissioners
JOSE RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5811LC §4620LC §4621LC §5952LC §5907LC §5908LC §5908.5LC §5803LC §5901LC §5950CCR §10421

Summary

Cost petitioner Citywide Scanning Service, Inc., a copy service, sought reconsideration of a WCJ's April 12, 2024 decision finding it failed to meet its burden of proving its photocopy services (totaling $2,605.52) were compensable medical-legal expenses and imposing $500 in sanctions under Labor Code section 5811 and Rule 10421(b)(5) for repeated false declarations under penalty of perjury that subpoenaed documents were 'true copies' of the originals. Citywide argued the findings lacked evidentiary support, the WCJ exceeded his powers and abused his discretion by raising an unraised issue regarding who ordered the records, and that this violated due process and suggested partiality. The Board granted reconsideration on a preliminary basis, finding it unclear whether the existing record was sufficient to support the WCJ's decision or whether further development was necessary. The grant is not a final order; the Board deferred its final decision pending further merits review of the entire record under applicable statutory and decisional law.

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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