CARLOS ARTURO HERNANDEZ, Applicant vs. JACOBELLIS SAUSAGE COMPANY, INC.; OAK RIVER INSURANCE COMPANY dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants
ADJ number
ADJ14218571
Decision date
Oct 9, 2025
District office
Los Angeles
WCJ
Kristina Woo
Claim administrator
Oak River Insurance Company dba Berkshire Hathaway Homestate Companies
Commissioners
—
Injury / body parts: left shoulder, left trapezius, left carpal tunnel/wrist, right wrist and hand, lumbar spine
Cost petitioner Physical Rehabilitation Services, Inc. (Dr. Arbi Mirzaians, D.C.) sought reconsideration of a WCJ's June 26, 2025 F&O that awarded its unpaid $2,015 medical-legal charge plus 10% penalty and 7% interest, but only through May 30, 2024 (the date of WCJ Owensby's earlier erroneous interlocutory order). The WCJ reasoned that Owensby's order created reasonable doubt justifying defendant's nonpayment after that date and also denied costs and sanctions. The Appeals Board granted reconsideration, holding that section 4622(a) contains no provision allowing penalties and interest for only a portion of the unpaid period, and that the May 30, 2024 order was erroneous and contained no finding on the bills, so defendant could not have reasonably relied on it. The Board amended the F&O to require interest at 7% and penalty at 10% running until the medical-legal charges are paid in full, with jurisdiction reserved to the WCJ, and otherwise affirmed (including the denial of costs and sanctions).
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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