WCPanelIQ
PanelLienRemanded

McKenzie, Patricia

PATRICIA McKENZIE, Applicant vs. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH SERVICES, permissibly self-insured, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ297660
Decision date
Jan 15, 2024
District office
Los Angeles
WCJ
—
Claim administrator
Sedgwick Claims Management Services (for permissibly self-insured County of Los Angeles Department of Health Services)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: neck, hernia, back, shoulders

LC §5804LC §5803LC §5702LC §5705LC §3202.5LC §5313LC §4903.05LC §4903.8LC §4903

Summary

Lien claimants Park Compounding and Pro Rx Management (the latter's rights assigned to SICM Group) reached letter-agreement settlements with defendant County of Los Angeles (self-insured, adjusted by Sedgwick) on April 19, 2022, to resolve compound medication liens. Defendant later refused to pay, claiming it does not pay for compound medications, and sought to set aside the stipulations based on mutual mistake of fact, unilateral mistake, and fraud. The WCJ found the WCAB retained jurisdiction, that defendant failed to meet its burden to set aside the stipulations, and that the settlements were valid and enforceable. The Board granted reconsideration not on the merits but because the WCJ failed to make findings on each of the numerous issues framed for trial in both cases, violating Labor Code section 5313. The Board rescinded the F&O and returned both matters to the trial level for further proceedings and a compliant opinion on decision.

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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