WCPanelIQ
PanelLienGranted

Nidia Murillo Santillan — ADJ10354823, ADJ10354724, ADJ13230298

NIDIA MURILLO SANTILLAN, Applicant vs. TEMPO INDUSTRIES, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ10354823, ADJ10354724, ADJ13230298
Decision date
Apr 18, 2021
District office
Van Nuys District Office
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR

Injury / body parts: various body parts

LC §5313LC §5900LC §5903CCR §10507CCR §10605CCR §10541CCR §10761CCR §10420CCR §10745CCR §10353CCR §10759CCR §10341CCR §10325

Summary

Lien claimant Prime Physical Therapy, through Innovative Medical Management, Inc., petitioned for reconsideration of a WCJ's January 20, 2021 Order reducing its lien, contending the record was silent as to the WCJ's justification for the reduction. The WCJ recommended denial on the ground that the petition was untimely (filed 27 days after the Order). The Board found the petition was actually timely because the email service deadline was extended by five days and by intervening court holidays, pushing the deadline to February 16, 2021. On the merits, the Board held that the Order failed to comply with Labor Code section 5313 and Hamilton because no evidence was admitted into the record and the Order did not describe the evidence considered or the reasons for the lien reduction. The Board granted reconsideration, rescinded the Order, and returned the matter to the WCJ for further proceedings and a new decision.

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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