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PanelLienGranted

Romero, Agustin

AGUSTIN ROMERO, Applicant vs. VALLEY GYM CORPORATION; REDWOOD FIRE & CASUALTY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ12837754
Decision date: Aug 3, 2023
District office: Anaheim
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (for Redwood Fire & Casualty)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5903LC §5900LC §5901LC §5950CCR §10615CCR §10961

Summary

Lien claimant Bell Community Medical Group sought reconsideration after the WCJ found that applicant Agustin Romero did not sustain an industrial injury and denied the lien following an April 4, 2023 trial. The WCJ concluded that the lien claimant's medical reporting did not constitute substantial medical evidence of injury and failed to meet the lien claimant's burden of proof. On reconsideration, the Appeals Board found that the opinion of treating physician Michael Bazel, M.D., appeared to constitute substantial medical evidence consistent with Escobedo v. Marshalls. The Board granted reconsideration to allow further study of the factual and legal issues and to issue a just and reasoned decision. This is an interlocutory order, 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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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.