Home/Case Law/LYDIA BARELA vs. COUNTY OF FRESNO, RISICO CLAIMS
Regular DecisionReconsideration

LYDIA BARELA vs. COUNTY OF FRESNO, RISICO CLAIMS

Filed: Oct 24, 2016
Fresno
ADJ8050301

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that dismissed a lien claimant's evidence and lien. The WCAB found the administrative law judge erred by excluding exhibits without adequate explanation, given the WCAB's informal evidentiary standards and ability to admit hearsay. The case is returned to the trial level for the judge to re-evaluate each exhibit's admissibility considering these relaxed rules of evidence. The WCAB also clarified that copy service fees for medical records are recoverable medical-legal expenses.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that dismissed a lien claimant's evidence and lien. The WCAB found the administrative law judge erred by excluding exhibits without adequate explanation, given the WCAB's informal evidentiary standards and ability to admit hearsay. The case is returned to the trial level for the judge to re-evaluate each exhibit's admissibility considering these relaxed rules of evidence. The WCAB also clarified that copy service fees for medical records are recoverable medical-legal expenses.

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LYDIA BARELA vs. COUNTY OF FRESNO, RISICO CLAIMS (2016) – Fresno | CompFox