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PanelMed-legalLienRemanded

Chong Tak — ADJ9858825

CHONG TAK, Applicant vs. GARDEN GROVE HOSPITAL/CORVEL; SAFETY NATIONAL INSURANCE, Defendants

ADJ number: ADJ9858825
Decision date: Jul 26, 2022
District office: Los Angeles
WCJ: —
Claim administrator: CorVel (claims administrator for Safety National Insurance / Prime Healthcare Services dba Garden Grove Hospital Medical Center)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: various body parts (cumulative trauma)

LC §5313LC §4620LC §4621LC §4622CCR §10325CCR §10750

Summary

Cost petitioner Citiwide/Citywide Scanning Service sought reconsideration of a WCJ's May 17, 2021 Findings and Order that denied its claim for copy service costs related to various subpoenas duces tecum, finding no evidence those services were medical-legal expenses, material to a medical dispute, or reasonably and necessarily incurred. Applicant, a nurse, claimed a cumulative injury from November 21, 2013 to November 21, 2014. The Board found that the trial record was inadequate because, although subpoenas were listed and brief testimony given, exhibits were not properly identified or admitted on the record and no issues were identified, making meaningful appellate review impossible. The Board rescinded the F&O and returned the matter to the trial level for further proceedings, citing Labor Code section 5313 and Hamilton. The Board also noted the proper triable issues under Colamonico regarding the medical-legal provider's burden of proof.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.