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PanelMed-legalLienGranted

Adrian Hernandez — ADJ9722480

ADRIAN HERNANDEZ, Applicant vs. WEST STAR NORTH DAIRY; ZENITH INSURANCE COMPANY, Defendants

ADJ number: ADJ9722480
Decision date: Feb 11, 2021
District office: Bakersfield
WCJ: —
Claim administrator: Zenith Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

LC §4620LC §4621LC §4622LC §5313LC §5702

Summary

Lien claimant Citywide Scanning Services sought reconsideration of a WCJ's November 23, 2020 Findings of Fact and Order disallowing its lien for medical-legal copy/scanning services. The WCJ had found that some invoices (3738-1, 3738-2, 3738-3, and 3738-8) reflected actual, reasonable, and necessary services but that lien claimant failed to establish the reasonable value of its services, while also stating in the Opinion that no contested claim existed in November 2014. The Board found the record insufficient to evaluate the petition because the WCJ failed to adequately frame the issues, merely directing parties to file points and authorities 'on the issues raised' without holding a proper hearing. The Board also found the WCJ improperly revisited the 'contested claim' issue that the Board had already decided in its prior Decision After Reconsideration, and that his findings were internally inconsistent. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings consistent with proper record-creation under Hamilton.

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.