Home/Case Law/LUIS VILLAGOMEZ vs. WALMART STORES, INC.; ACE AMERICAN, administered by YORK
Regular DecisionReconsideration

LUIS VILLAGOMEZ vs. WALMART STORES, INC.; ACE AMERICAN, administered by YORK

Filed: Feb 15, 2019
Anaheim
ADJ9063212

CompFox AI Summary

This Workers' Compensation Appeals Board case involved liens filed by Mesa Pharmacy and ResHealth Medical, which were deemed invalid by the WCJ under Labor Code section 4903.8(e). Lien claimants sought reconsideration, arguing the WCJ incorrectly placed the burden of proof regarding declarant competency on them. The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings. The Board clarified that declarants under section 4903.8(d) must have personal knowledge of the services provided and billing accuracy. It also noted that all submitted declarations, not just one, should be considered when evaluating compliance with the statute.

Full Decision Text1 Pages

This Workers' Compensation Appeals Board case involved liens filed by Mesa Pharmacy and ResHealth Medical, which were deemed invalid by the WCJ under Labor Code section 4903.8(e). Lien claimants sought reconsideration, arguing the WCJ incorrectly placed the burden of proof regarding declarant competency on them. The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings. The Board clarified that declarants under section 4903.8(d) must have personal knowledge of the services provided and billing accuracy. It also noted that all submitted declarations, not just one, should be considered when evaluating compliance with the statute.

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