WCPanelIQ
PanelMed-legalIBRLienDenied

Ryan, Myra

MYRA RYAN, Applicant vs. CARLSON, MESSER & TURNER, LLP; LUMBERMENS MUTUAL, in liquidation, administered by TRISTAR on behalf of CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Defendants

ADJ number
ADJ1977669
Decision date
Jul 23, 2023
District office
Los Angeles
WCJ
Jeffrey L. Morgan
Claim administrator
TriStar on behalf of California Insurance Guarantee Association (CIGA)
Commissioners
—

Injury / body parts: back, head, upper extremities, lower extremities, psyche, internal system, gastrointestinal system, fibromyalgia

LC §4603.2LC §4603.3LC §4603.4LC §5307.1LC §5307.11LC §5705CCR §10955

Summary

Lien claimant David Silver provided medical treatment to applicant Myra Ryan, a legal secretary, for an accepted industrial injury during 2003-2011. After extensive litigation, the WCJ awarded reimbursement of medical treatment charges based on an Independent Bill Reviewer's findings but denied penalties and interest because the lien claimant failed to prove it served the required medical reports along with its itemized bills. The WCJ also reserved jurisdiction over medical-legal charges that had never been raised as an issue. The lien claimant filed a Petition for Reconsideration/Removal, which the WCAB denied, adopting the WCJ's report. The Board held the lien claimant bore the burden to prove entitlement to penalty and interest under Labor Code section 4603.2(b)(2) and failed to do so, and that reserving jurisdiction over the medical-legal charges caused no prejudice or irreparable harm.

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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