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PanelLienRemanded

Raul Garcia — ADJ9506148

RAUL GARCIA, Applicant vs. RELIABLE RESOURCES; ZURICH AMERICAN INSURANCE, Defendants

ADJ number: ADJ9506148
Decision date: Mar 31, 2021
District office: Van Nuys
WCJ: —
Claim administrator: Gallagher Bassett (for Zurich American Insurance)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

LC §5313LC §5813CCR §10773CCR §10401

Summary

Citywide Scanning Services, Inc. (lien claimant) sought reconsideration of a November 3, 2020 Supplemental Findings of Fact & Order in which the WCJ found the lien claimant's insistence on trial was frivolous and in bad faith, and ordered it to pay $3,474.00 in attorney's fees to Black & Rose, LLP. The matter had previously been remanded to develop additional evidence on the applicability of former 8 CCR section 10773. The Board found the record insufficient to evaluate the Petition for Reconsideration because the WCJ failed to adequately frame the issues, made no notation of documentary evidence in the minutes/summary of evidence, and made no actual findings on the applicability of former Rule 10773 to support the fee order. Applying Hamilton and Labor Code section 5313 standards, the Board rescinded the Supplemental F&O and returned the matter to the trial level for further proceedings.

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.