WCPanelIQ
PanelMed-legalLienDenied

Abrego, Jose

JOSE ABREGO, Applicant vs. TRI-STATE EMPLOYMENT; LUMBERMEN'S UNDERWRITING, in Liquidation, Administered by CIGA, Defendants

ADJ number
ADJ8995855
Decision date
Nov 1, 2023
District office
Marina del Rey
WCJ
Sandra L. Graper
Claim administrator
California Insurance Guarantee Association (CIGA), administering Lumbermen's Underwriting (in Liquidation)
Commissioners
—
LC §4620LC §4621LC §3205.5LC §5705LC §5952

Summary

Lien claimant San Diego Imaging, Inc. dba California Imaging Solutions sought reconsideration of a November 2, 2023 F&O in which the WCJ found it failed to prove entitlement to an additional monetary payment from CIGA and that its lien balance was reasonable and necessary. Lumbermen's Underwriting (in liquidation, administered by CIGA) had initially paid the lien claimant's bills in part, in excess of the fee schedule operative July 1, 2015. The lien claimant attempted to prove its alleged $3,840.29 balance solely through an in-house created, unauthenticated, and incomplete Market Rate Analysis, with no witness to lay foundation. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration, finding the Market Rate Analysis was not substantial evidence and that the lien claimant had failed to meet its burden of proof.

Issues

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Holding

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Analysis

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Defense takeaway

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