WCPanelIQ
PanelLienGranted

Montes, Jaime

JAIME MONTES, Applicant vs. 20TH CENTURY AIR, INC.; INSURANCE COMPANY OF THE WEST, THIRD PARTY ADMINISTRATOR, Defendants

ADJ number
ADJ14092813
Decision date
Oct 1, 2023
District office
Los Angeles
WCJ
—
Claim administrator
Insurance Company of the West
Commissioners
JOSEPH V. CAPPURO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, hand, back, leg, feet, hips, fingers, stomach, psyche, bilateral upper extremities, bilateral lower extremities, shoulders, wrists, knees, internal, head, sleep, gastrointestinal, neurological, skin, toes

LC §5313LC §5502CCR §10545CCR §10761CCR §10803CCR §10832

Summary

Blanca Hund Interpreting, Inc., a lien claimant providing interpreting services, sought reconsideration of a WCJ's Order Awarding Interpreting Costs of $390.00 plus $150.00 for petition preparation, arguing the Order disregarded its claimed market rate, penalties, interest, and collection costs. The interpreting services were rendered at the signing of a Compromise and Release in three consolidated cases. The Board found that the WCJ issued the Order without first issuing a notice of intention (NIT) under WCAB Rule 10832, without holding a hearing, taking testimony, or providing a summary of the evidence relied upon. Because there was no evidentiary record enabling meaningful appellate review, the Board granted reconsideration, rescinded the Order, and returned the matter to the trial level for further development of the record and decision. This was expressly not a 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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