WCPanelIQ
PanelLienDenied

Johnny Rodriguez — ADJ1783830

JOHNNY RODRIGUEZ, Applicant vs. MADRID LASER; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ1783830
Decision date
Nov 8, 2021
District office
Santa Ana
WCJ
Pamella A. Stone
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: waist, lower extremities, left shoulder, sleep impairment, headaches, sexual dysfunction

LC §4903.06LC §4903LC §4903.05LC §4905.3CCR §10207CCR §10208

Summary

Beverly Hills Pharmacy, a lien claimant, filed an initial lien on August 22, 2011 for medications dispensed to applicant Johnny Rodriguez between March 2008 and December 2009. The lien claimant attempted to pay the lien activation fee on December 31, 2015, but the credit card transaction was returned unauthorized, and DIR notified the lien claimant of this failure. The lien claimant never rectified the nonpayment and instead filed a second lien on June 26, 2020 for the same charges. The WCJ found the original lien was dismissed by operation of law with prejudice for failure to pay the activation fee, the refiled lien invalid, and the refiled lien also barred by the statute of limitations. The WCAB denied reconsideration, adopting the WCJ's Report and finding the lien claimant failed to meet its burden to establish by substantial evidence that the activation fee payment was rejected due to system 'overload.'

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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