WCPanelIQ
PanelLienDenied

Dinora Guerra — ADJ2175536, ADJ2475481

DINORA GUERRA, Applicant vs. TEXIS RESTAURANT, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ2175536, ADJ2475481
Decision date
Jul 21, 2022
District office
Los Angeles
WCJ
Jeffrey Morgan
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: neck, hands, shoulders, knees, psyche, internal organs

LC §4903LC §4903.05LC §4903.8

Summary

Lien claimant WSPT Network sought reimbursement for aquatic therapy services provided to applicant Dinora Guerra between 2/22/17 and 6/8/17, but the actual treating entity was Advanced Dynamic Therapies Inc. (therapist Matthew Perry). The WCJ dismissed WSPT's lien after trial because WSPT failed to prove it was the lien owner as required by Labor Code section 4903.8(a)(1) and (a)(2), appearing instead to be a mere billing/collection company. WSPT petitioned for reconsideration, arguing it had a (trade-secret protected) contract with the provider, that the Robelledo II decision supported a joint-venture arrangement, and that the provider should be joined. The Board adopted and incorporated the WCJ's report and denied reconsideration, finding WSPT submitted no evidence of any contractual nexus with Advanced Dynamic Therapies and thus did not meet its 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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