WCPanelIQ
PanelLienRemanded

Ardon, Luis

LUIS ARDON, Applicant vs. ABC BEST PAINTING CO.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11295772
Decision date
Date unavailable
District office
Van Nuys
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: back, legs, left ankle, hips

LC §4903LC §4903.8LC §4600LC §4621LC §4620LC §5313LC §5903LC §5952LC §5701LC §5906LC §5705

Summary

Prime Physical Therapy (PPT), a billing and collections service, filed a Labor Code section 4903(b) lien for $2,716.17 for physical therapy services rendered to applicant Luis Ardon. PPT listed itself as both the billing service and the medical provider, though the parties stipulated the services were actually provided by Alternative Healthcare Center (AHC). The WCJ issued a take-nothing order finding PPT lacked a valid lien because it was not the medical provider, was not licensed to provide the services, and offered insufficient evidence it was contractually authorized to collect on AHC's behalf. The Appeals Board granted reconsideration, rescinded the F&O, and remanded for further development of the record, holding that under Rebolledo II a billing service may be a 'lien owner' entitled to payment if there is sufficient evidence of a contract or joint venture with the medical provider. The Board found the current record lacked substantial evidence and that deciding the matter without testimony raised due process concerns.

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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