WCPanelIQ
PanelMed-legalLienGranted in Part

Siwak, Daniel

DANIEL SIWAK, Applicant vs. CALIFORNIA SAFETY AGENCY; NORGUARD INSURANCE COMPANY, administered by GUARD INSURANCE, Defendants

ADJ number
ADJ18677760
Decision date
Aug 17, 2025
District office
Santa Ana
WCJ
Desirae L. Hutchison
Claim administrator
Guard Insurance (administering NorGuard Insurance Company)
Commissioners
—

Injury / body parts: shoulders, legs, back, knees, feet, cervical spine, thoracic spine, lumbar spine

LC §4600LC §4603.3LC §4603.6LC §4620LC §4621LC §4622LC §5813LC §5900LC §5909CCR §9785CCR §10421CCR §10545CCR §10786

Summary

Cost petitioner Physical Rehabilitation Services, Inc. (PRSI) (Dr. Arbi Mirzaians) performed a medical-legal evaluation on May 29, 2024 after defendant denied the claim AOE/COE on April 9, 2024, billing $2,015.00 under ML 201. Defendant issued a timely EOR objecting to the bill but listed reasons applicable to treatment, not medical-legal services, and made no payment. The WCJ found the evaluation reasonable and necessary, awarded the billed amount plus a 10% penalty, 7% interest, and $500 in costs, but erred by not issuing sanctions. On reconsideration, the Board denied defendant's petition and granted cost petitioner's petition, affirming the F&O and amending it to find bad faith tactics/frivolous litigation and to order $500 in sanctions under Labor Code section 5813.

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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