WCPanelIQ
PanelQMEGranted in Part

Gerardo Reyes — ADJ19353474, ADJ19353449, ADJ19600685, ADJ9353474

GERARDO REYES, Applicant vs. MICHAEL PENTA SEWER SPECIALIST, INC.; CLEAR SPRING PROPERTY AND CASUALTY COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ19353474, ADJ19353449, ADJ19600685, ADJ9353474
Decision date
Oct 29, 2026
District office
Oxnard
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering for Clear Spring Property and Casualty Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: cervical spine, right shoulder, right elbow, right hand

LC §5813LC §4607LC §5814LC §5814.5LC §5900LC §5902LC §5903LC §5909LC §5313LC §5952LC §5313CCR §10421CCR §10832CCR §10635CCR §10205.6

Summary

Applicant's attorney sought $5,900 in attorney fees for time spent obtaining authorization for cervical spine and right shoulder MRIs that the PQME recommended and the WCJ ordered defendant to provide. After the WCJ found defendant failed to timely provide the MRIs, he requested a 'bill of particulars' and then issued an Order on January 13, 2026 directing the carrier and TPA to pay the fees. Defendant sought reconsideration/removal, arguing the fee issue had been deferred and the cited statutes did not support the Order. The Board dismissed the removal petition (because a fee order is a final order), granted reconsideration, and vacated the Order as void ab initio for lack of a Notice of Intention, failure to provide a summary of evidence and reasons per section 5313, due process violations, and defective service on defendant.

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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