FERREL CASTELAN URAJE, Applicant vs. LJL ENGINEERING COMPANY, INCORPORATED; OAK RIVER INSURANCE COMPANY, Administered By BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants
ADJ number
ADJ16344618
Decision date
Dec 3, 2023
District office
Anaheim
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Oak River Insurance Company)
Commissioners
—
Injury / body parts: elbow, back, arm, wrist
CCR §9785
Summary
Lien claimant Medland Medical Group sought reconsideration of a WCJ's September 12, 2023 Findings and Order disallowing its lien on the basis that applicant had been discharged from care by his primary treating physician, meaning further care from a new treating physician was only available through the QME/AME process under Rushing and CCR section 9785. Applicant, a machine operator, sustained industrial injury to the elbow and back during a cumulative trauma period ending May 27, 2022. The WCAB granted reconsideration and deferred the lien issue, directing the WCJ to reanalyze the applicability of Rushing in light of a June 27, 2022 letter designating Dr. Omid Haghighinia as primary treating physician (which appeared to precede the discharge from Concentra) and whether a discharge dictated and signed by a physician's assistant was a valid discharge under Rushing and Rule 9785. The Board took no position on the ultimate resolution and amended the findings to defer the lien issue with jurisdiction reserved.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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