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PanelLienDenied

Lomeli, Adan

ADAN LOMELI, Applicant vs. GRIMMER FARMS; ZENITH INSURANCE COMPANY, Defendants RAUL MORALES, Applicant vs. PLANTERS HAY, INC.; ZENITH INSURANCE COMPANY, Defendants

ADJ number: ADJ10596185
Decision date: Nov 16, 2023
District office: San Diego District Office (Special Adjudication Unit)
WCJ: Christopher M. Brown
Claim administrator: Zenith Insurance Company
Commissioners: —

Injury / body parts: left lower extremity

LC §4600LC §4603LC §4903LC §4604LC §5903LC §5904LC §3715LC §4610.5CCR §10955CCR §10330CCR §10341

Summary

Lien claimant Reach Air Medical Services LLC provided air ambulance services to applicant Raul Morales, who sustained an industrial injury to his left lower extremity while working as a forklift driver for Planters Hay, Inc., insured by Zenith. After the case-in-chief resolved by Compromise and Release, a dispute remained over the value of the air ambulance services. The WCJ found that Labor Code section 4600 was not preempted by the Airline Deregulation Act of 1978 (ADA) and that the WCAB retained jurisdiction over the valuation dispute. Reach sought reconsideration/removal, arguing the ADA preempts the 'reasonableness' standard of section 4600 and that the Board should award its market-based charges. The Board denied reconsideration, holding that sections 4600(a) and 4903(b), as construed to require the parties to present evidence of market value with the WCAB determining the market price within the range of evidence, are generally applicable background laws not preempted by the ADA.

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.