Freitas, Jud

Lien claimant Anthem Blue Cross, a health plan, sought reconsideration of a WCJ's Joint Findings of Fact and Award that limited its right to reimbursement to services rendered on or after February 21, 2017 (the date of applicant Jud Freitas's specific injury). Anthem argued that under Labor Code section 4903.1 et seq. and the panel decision in Torok v. County of San Diego, a health plan is entitled to reimbursement for treatment paid for a continuous trauma injury even before the applicant had knowledge of the industrial injury and before the application was filed. The WCAB granted reconsideration but did not decide the merits, finding it unclear whether the legal issues were properly identified, whether the record was sufficient, and whether further development of the record was necessary. The Board ordered the matter set for a status conference before a WCJ or designated hearing officer and deferred the final decision after reconsideration.