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PanelGranted

David Brown — ADJ8464137

DAVID BROWN, Applicant vs. INLAND ERECTORS, INC.; EVEREST NATIONAL INSURANCE COMPANY administered by AMERICAN CLAIMS MANAGEMENT, Defendants

ADJ number: ADJ8464137
Decision date: Mar 10, 2022
District office: Van Nuys
WCJ: —
Claim administrator: American Claims Management (administering for Everest National Insurance Company)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5900LC §5902LC §5903LC §5952CCR §10566CCR §10600CCR §10750CCR §10787CCR §10670CCR §10803

Summary

Applicant David Brown sustained an industrial injury, and the WCJ issued a January 3, 2022 Minute Interim Order requiring defendants to pay for home health care. Defendants filed a Petition for Reconsideration or, alternatively, for Removal. The Board first determined that the interim order was a 'final' order subject to reconsideration because it ordered payment of money (home health care benefits) and thus determined a substantive right or liability. The Board found there was no evidentiary record to support the order and that the factual assertions in the petition and report were inappropriate absent such a record. Reconsideration was granted, the order was rescinded, and the matter was returned to the trial level so the scheduled trial could proceed.

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.

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.