WCPanelIQ
PanelMed-legalDismissed

Lorin Kupan — ADJ9551937

LORIN KUPAN, Applicant vs. PROPERTY MANAGEMENT ASSOCIATES; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number
ADJ9551937
Decision date
Aug 15, 2021
District office
Santa Ana
WCJ
—
Claim administrator
Employers Compensation Insurance Company; The Hartford
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: right knee

CCR §10945CCR §10842

Summary

The Hartford sought reconsideration of a May 28, 2021 Findings and Order in which the WCJ found The Hartford liable for reimbursement of 1/3 of costs and medical treatment paid by co-defendant Employers Compensation, while excluding charges for AME Dr. Angerman's reporting and physical therapist Lauren Goodell's treatment. The WCJ ordered reimbursement of 1/3 of $51,953.38 in charges, less those exclusions, 'to be adjusted by the parties with jurisdiction reserved over any dispute.' The Hartford did not challenge the 1/3 split but disputed only the specific amount of reimbursement, arguing Employers failed to provide documentation showing actual payment for the right knee. The Board dismissed the Petition as premature because the WCJ had not ordered a specific amount, instead reserving jurisdiction at the trial level for any dispute. The Board directed the parties to attempt to adjust the amount and return to the WCJ if a dispute remains. The Board also admonished defense counsel for attaching documents already part of the record in violation of WCAB Rule 10945.

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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