WCPanelIQ
PanelLienDenied

Hayes, Jayme

JAYME HAYES, Applicant vs. YANG’S BRAISED CHICKENRICE; NORGUARD INSURANCE COMPANY, Defendants

ADJ number
ADJ13134056
Decision date
Date unavailable
District office
Anaheim
WCJ
Marco Famiglietti
Claim administrator
NorGuard Insurance Company
Commissioners
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LC §5001LC §5002LC §5313LC §4603.2LC §4903.8CCR §10700CCR §10835CCR §10872

Summary

Lien claimant Medland Medical provided self-procured medical treatment to applicant Jayme Hayes and filed a $7,822.16 lien, which it later agreed to settle for $2,700 via a written 'Stipulation and Agreement to Pay Lien Claimant' dated February 9, 2022, drafted by the lien claimant. The agreement waived penalties and interest if paid within 30 days of receipt of a valid W-9 form, but the parties never submitted it to the WCAB for approval. Defendant paid $2,700 on April 7, 2022, and Medland sought penalties, interest, and costs claiming late payment. The WCJ found no unreasonable delay because payment was conditioned on receipt of a W-9 that Medland never proved it provided, and the WCAB affirmed, emphasizing that under Labor Code section 5001 a settlement agreement only becomes enforceable upon WCAB approval, which never occurred here. Reconsideration was denied and the Findings and Order affirmed.

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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