WCPanelIQ
PanelLienGranted in Part

Collins, Javier

JAVIER COLLINS, Applicant vs. SUKHDEEP SINGH - HARNISH KAUR and STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ1503918
Decision date
Dec 6, 2023
District office
Long Beach
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left hand

LC §4903.8LC §3202.5LC §5705LC §4600LC §3357LC §5400LC §5402LC §5403LC §4050LC §4053

Summary

Sidhu Chiropractic, a lien claimant, sought reconsideration of a WCJ's findings that it failed to prove applicant Javier Collins was employed by defendant, that his July 18, 2000 left hand injury arose out of and occurred in the course of employment (AOE/COE), and that its treatment was reasonable and necessary. The lien claimant argued that injury was not a litigated issue and that defendant was not prejudiced by the late 2019 filing of the section 4903.8(d) declaration. The Board found that lien claimant did meet its initial burden to show applicant was rendering service for the employer (shifting the burden on employment to defendant), and amended Finding 4 to remove the reference to employment. However, the Board affirmed that lien claimant failed to prove the claimed injury was AOE/COE, since the only medical evidence (Dr. Alam's first report with a handwritten injury description) was insufficient. The Board affirmed denial of the lien for $2,117.13.

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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