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PanelQMEMed-legalLienDenied

Lopez, Juan

JUAN LOPEZ, Applicant vs. ALPI INDUSTRIAL SUPPLY; EMPLOYERS COMPENSATION INSURANCE COMPANY; TECHNOLOGY INSURANCE COMPANY, administered by AMTRUST, Defendants

ADJ number: ADJ10128923
Decision date: Dec 10, 2023
District office: Van Nuys
WCJ: Robert Sommer
Claim administrator: AmTrust (administering Technology Insurance Company); Employers Compensation Insurance Company
Commissioners: —

Injury / body parts: bilateral shoulders, cervical spine, lumbar spine

LC §5405LC §4903.5LC §4903.8LC §5406LC §4600LC §5506LC §5709LC §3201CCR §10589CCR §10396CCR §10617CCR §10397CCR §10517CCR §10492

Summary

Applicant Juan Lopez sustained injury to his bilateral shoulders, cervical spine, and lumbar spine while working as a driver, claimed as both a specific injury (9/19/14) and a cumulative trauma (9/19/14-9/17/15). Both cases were resolved by a single Compromise and Release. Lien claimant Dr. Kenneth Geiger, who provided a neurologic evaluation, filed his lien timely in only one ADJ number (the specific injury case). Defendant Employers' Compensation Insurance Company sought reconsideration arguing the CT reporting was not substantial evidence, that Dr. Geiger's lien could not be presumed filed in the CT case, and that section 5405 statute of limitations barred the specific injury claim. The Appeals Board affirmed the WCJ's Findings of Fact, holding that liberal pleading principles allowed adjudication of the lien on the merits despite filing in only one consolidated companion case.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.