WCPanelIQ
PanelMed-legalLienRemanded

Chavolla, Teresa

TERESA CHAVOLLA, Applicant vs. DURAN CONTRACTING, INC.; STAR INSURANCE, adjusted by MEADOWBROOK INSURANCE, Defendants

ADJ number
ADJ8318732
Decision date
Date unavailable
District office
Bakersfield
WCJ
—
Claim administrator
Meadowbrook Insurance
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: right shoulder, left shoulder, neck, back

LC §4620LC §4621LC §4622LC §5313LC §5903LC §5952CCR §9982CCR §10566CCR §10786

Summary

Lien claimant Citywide Scanning sought reconsideration of a WCJ's Findings and Orders that disallowed its copy service lien on the ground that, under AD Rule 9982(d), no payment is allowed because Citywide made no request for records before obtaining them. The WCAB found the WCJ misapplied Rule 9982(d), holding that the rule governs payment for copy services rather than the propriety of performing the services, and that any violation must be addressed through the objection process under Labor Code section 4622 and WCAB Rule 10786. The Board concluded the WCJ failed to engage in the required analysis and that the decision was not supported by substantial evidence with an adequate record. The Board affirmed the F&O as amended, deferred the issue of Citywide's lien, struck the orders relating to that lien, and returned the matter to the WCJ for further proceedings considering Labor Code sections 4620, 4621, and 4622 and Rule 10786. The disallowance of Dorian Chiropractic's lien remained intact.

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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