Caseres, Joseph

Joseph Caseres, a Los Angeles police officer (1988-2016), sustained industrial injury to his circulatory system, digestive system, back, and lower extremities, with the case in chief resolved by Stipulations approved August 8, 2018. Lien claimant Kaiser Permanente filed a medical treatment lien on May 22, 2018, which the WCJ allowed in the amount of $73,922.85 with a 15% increase, interest, and a $10,000 penalty to applicant. Defendant sought reconsideration arguing the lien was time-barred under a purported 12-month statute of limitations in Labor Code section 4903.5(b), that Kaiser knew or should have known of the industrial claim, and that the WCJ lacked jurisdiction over medical necessity because no retrospective utilization review was required. The Board granted reconsideration but affirmed the decision, rejecting defendant's interpretation of section 4903.5(b) and finding defendant offered no evidence of Kaiser's knowledge. The Board further amended the decision to characterize the 15% increase as arising under section 4603.2(b)(2) rather than a penalty, and added findings that defendant and its lien representative AM Lien Solutions violated section 5813 by raising and prosecuting a frivolous defense, imposing sanctions and costs.