Home/Case Law/LAURA ROMERO vs. WELLNEST EMOTIONAL HEALTH AND WELLNESS, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES
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LAURA ROMERO vs. WELLNEST EMOTIONAL HEALTH AND WELLNESS, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Filed: Jan 23, 2023
Pomona
ADJ13155491

CompFox AI Summary

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, despite finding the petition was timely filed. The Board adopted the judge's reasoning that the lien claimant failed to prove the applicant sustained an injury arising out of and occurring in the course of employment (AOE/COE). This failure, based on the persuasive report of the qualified medical examiner, meant the lien claimant could not recover for their services. The Board also noted that the applicant and employer had agreed in a settlement that no psychological injury occurred per the QME's findings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, despite finding the petition was timely filed. The Board adopted the judge's reasoning that the lien claimant failed to prove the applicant sustained an injury arising out of and occurring in the course of employment (AOE/COE). This failure, based on the persuasive report of the qualified medical examiner, meant the lien claimant could not recover for their services. The Board also noted that the applicant and employer had agreed in a settlement that no psychological injury occurred per the QME's findings.

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LAURA ROMERO vs. WELLNEST EMOTIONAL HEALTH AND WELLNESS, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES (2023) – Pomona | CompFox