WCPanelIQ
PanelMed-legalLienDenied

Villanueva, Anabel

ANABEL VILLANUEVA, Applicant vs. EPIPHANY CARE HOMES, INC.; BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ13114480
Decision date
Mar 27, 2023
District office
Oxnard
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies
Commissioners
—
LC §4622LC §4603.3LC §4603.6LC §5813LC §5903CCR §10786CCR §10843CCR §10945CCR §10629

Summary

ScanDoc Imaging Inc., a copy service cost petitioner, sought reimbursement of $440.35 in non-IBR medical-legal copy charges plus penalties, interest, attorney fees, costs, and sanctions in a case that had resolved by Compromise and Release. Judge Tolman ordered defendant to pay the $440.35 principal on April 27, 2022, deferring penalty, interest, costs, fees, and sanctions; defendant paid the principal plus penalty and interest on July 22, 2022 after claiming it never received the order. At trial the WCJ found the validity of the medical-legal costs moot since they had been paid, and denied attorney fees, costs, and sanctions because the cost petitioner failed to prove bad faith and failed to itemize or provide notice of additional fees. The WCAB denied reconsideration, adopting and incorporating the WCJ's report. The decision also admonished the cost petitioner's attorney for improperly attaching exhibits to the petition and for billing for a DOR that was never filed at the time claimed.

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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