WCPanelIQ
PanelQMELienGranted

Mendez, Julio

JULIO MENDEZ, Applicant vs. WELLS FARGO BANK NORTH AMERICA; OLD REPUBLIC INSURANCE, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ10943110
Decision date
Date unavailable
District office
Oxnard
WCJ
—
Claim administrator
Sedgwick CMS (administering for Old Republic Insurance)
Commissioners
NATALIE PALUGYAI, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: psyche, internal body system, insomnia

LC §123.7LC §5309LC §5310LC §5313LC §5701LC §5803LC §5901LC §5903LC §5906LC §5907LC §5908LC §5908.5LC §5950LC §5952CCR §10787

Summary

Lien claimant MBA Psychiatric Services, Inc., through its non-attorney representative, petitioned for reconsideration of the WCJ's August 15, 2023 decision that excluded MBA's exhibits 1-14 and 16, disallowed its lien in its entirety, and found MBA did not provide reasonably required treatment. The WCJ had excluded the exhibits, apparently on grounds of lack of service, but MBA submitted a verified affidavit from its hearing representative asserting the exhibits were directly served on defense counsel by email on the date of the January 30, 2023 lien conference. MBA contended the exclusion violated its due process rights and that the issue of non-service was not raised by defendant before trial. The Board granted reconsideration, finding it unclear whether the record was sufficient to support the WCJ's decision, and ordered the matter set for a status conference with a deferral of the final decision on the merits.

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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