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Regular DecisionReconsideration

LUPE HERRERA vs. WAL-MART, AMERICAN HOME ASSURANCE

Filed: Jul 09, 2007
OXN 0129630, OXN 0129631

CompFox AI Summary

Lien claimants sought reconsideration of a Workers' Compensation Appeals Board award regarding industrial injuries to the applicant's right knee and wrist. They argued the administrative law judge improperly applied a 2004 fee schedule to services rendered prior to its effective date and misapplied burdens of proof. The Board denied reconsideration, finding the ALJ used the 2004 fee schedule as a reasonable guide, not as a strictly applicable regulation for pre-2004 services, and that their petition was timely.

Full Decision Text1 Pages

Lien claimants sought reconsideration of a Workers' Compensation Appeals Board award regarding industrial injuries to the applicant's right knee and wrist. They argued the administrative law judge improperly applied a 2004 fee schedule to services rendered prior to its effective date and misapplied burdens of proof. The Board denied reconsideration, finding the ALJ used the 2004 fee schedule as a reasonable guide, not as a strictly applicable regulation for pre-2004 services, and that their petition was timely.

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LUPE HERRERA vs. WAL-MART, AMERICAN HOME ASSURANCE (2007) – | CompFox