WCPanelIQ
PanelMed-legalLienDenied

Radjabi, Mina

MINA RADJABI, Applicant vs. CENTURY COMMUNITIES, INC./INSPIRE HOME LOAN; BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANY dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ16007451
Decision date
Aug 24, 2025
District office
Riverside
WCJ
Eric Thompson
Claim administrator
Berkshire Hathaway Homestate Insurance Company dba Berkshire Hathaway Homestate Companies
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: head, headaches, nervous system, psyche, anxiety, sleep disorder, depression, hypertension, jaw, TMJ, teeth

LC §5909LC §5900LC §5905LC §5705LC §3202.5LC §4628LC §4600LC §5401LC §5402LC §5502CCR §10600CCR §9793CCR §10625

Summary

Lien claimant Woodland Psyche Center, through PureMD Group, sought reconsideration of a WCJ decision denying its $5,238.53 treatment lien in a cumulative trauma psyche claim that had settled by Compromise and Release in a denied AOE/COE posture. The WCJ found the lien claimant failed to carry its burden of proving injury AOE/COE because its medical reports were not substantial evidence on causation, did not comply with CCR 9793(h) or Labor Code 4628, and the treatment was rendered outside the employer's Medical Provider Network after the applicant had been offered MPN care. The WCAB also addressed the timeliness of its decision under newly amended Labor Code 5909, concluding it timely acted within 60 days of the June 25, 2025 transmission date. The Appeals Board denied reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision. A subsequent order corrected a clerical error in panelist Lisa Sussman's title from 'Commissioner' to 'Deputy Commissioner.'

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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