WCPanelIQ
PanelLienGranted

Chavez Lazo, Delmi

DELMI CHAVEZ LAZO, Applicant vs. D&D PAINTING; WESCO INSURANCE administered by AMTRUST, Defendants

ADJ number
ADJ9981669
Decision date
Sep 28, 2023
District office
Los Angeles
WCJ
—
Claim administrator
AmTrust (administering Wesco Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5909LC §5313

Summary

Lien claimant Edwin Haronian, M.D., and defendant Wesco Insurance (administered by AmTrust) both petitioned for reconsideration of an October 12, 2021 Findings and Award in which the WCJ found that Dr. Haronian properly provided treatment outside the MPN from July 12, 2017 through August 21, 2018, and ordered court-appointed bill review with defendant to pay for the review. The Board first addressed the timeliness issue, holding that its time to act on the petitions was tolled under Shipley v. WCAB because the Board failed to act within 60 days through no fault of the parties. At the Board's request, the parties participated in a commissioners' settlement conference and agreed to resolve Dr. Haronian's lien for $20,000 as full and final satisfaction of an outstanding balance of $49,008.69. The Board rescinded the WCJ's October 12, 2021 Findings and Award and approved the executed stipulation. The Board commended the parties for resolving the matter without further litigation.

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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