WCPanelIQ
PanelMed-legalLienGranted in Part

Luque, Lupe Elena

LUPE ELENA LUQUE, Applicant vs. COMMERCE CASINO; ARCH INDEMNITY INSURANCE; administered by GALLAGHER BASSETT, Defendants

ADJ number
ADJ15134490
Decision date
Aug 21, 2023
District office
Van Nuys
WCJ
Clint Feddersen
Claim administrator
Gallagher Bassett Services
Commissioners
—

Injury / body parts: back, right shoulder blade, left thumb, left middle finger

LC §4603.2LC §4603.3LC §4603.4LC §4603.6LC §4602.3LC §4620LC §4621LC §4622LC §5307.1LC §5307.11LC §5400LC §5405LC §5412LC §5813LC §5814LC §5904LC §4903.07LC §3600CCR §9789.10CCR §9792.9CCR §9795CCR §10786CCR §10421CCR §10451.1

Summary

Lien claimant Spectrum Medical Group petitioned for reconsideration of a May 30, 2023 Findings and Order that awarded $3,245.00 in treatment expenses and $2,015.00 in medical-legal expenses but denied penalties, interest, sanctions, costs, and lien-filing-fee reimbursement. The Board granted reconsideration and adopted the WCJ's report, holding that under Labor Code section 4603.2(b)(2) the unpaid treatment bill must be increased by 15% with 10% annual interest, and under section 4622(a) the unpaid medical-legal bill must be increased by 10% with 7% annual interest, because defendants did not fully pay either bill within the statutory periods. The Board affirmed the denial of sanctions under section 5813, finding defendants had arguably meritorious defenses and did not act in bad faith. The Board also affirmed denial of lien-filing-fee reimbursement under section 4903.07 because the lien claimant's $10,898.64 settlement demand exceeded the amount awarded. Findings of Fact 10 and the Order were amended accordingly.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.