WCPanelIQ
PanelLienGranted

Blanca Zelaya — ADJ9369251

BLANCA ZELAYA, Applicant vs. CLOUGHERTY PACKING, permissibly self-insured, administered by ESIS, Defendants

ADJ number
ADJ9369251
Decision date
Jun 28, 2022
District office
Marina del Rey
WCJ
—
Claim administrator
ESIS (administering for Clougherty Packing, permissibly self-insured)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, shoulders, upper extremity, hand, right middle finger, lumbar spine, hip, left knee

LC §5900LC §5902LC §5903LC §5313LC §5815CCR §10964

Summary

RMS Medical, a lien claimant, sought reconsideration of an April 19, 2022 Amended Findings and Order in which the WCJ found RMS was owed no additional payment by defendant for treatment provided to applicant Blanca Zelaya for a 2012 industrial injury that was settled by Compromise and Release. The Board found the F&O deficient because it failed to make findings on the fifteen issues submitted for decision at the lien trial and contained an Opinion on Decision that appeared inconsistent with the evidence—specifically, the Opinion implied some payment had been made to RMS, but the Benefit Printout showed defendant made no payments to RMS for the accepted body parts. The Board declined to address the merits of the lien. It granted reconsideration, rescinded the F&O, and returned the matter to the WCJ to make adequate findings and issue a new decision. The Board also rejected RMS's alternative request for removal, holding removal unavailable because the F&O was a final order, and disregarded RMS's noncompliant 'Answer' to the WCJ's Report.

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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