Home/Case Law/MARIA DEL ROSARIO HERNANDEZ MUNOZ vs. SRH MANAGEMENT INC A CORP. - EL POLLO LOCO, SECURITY NATIONAL INSURANCE, Administered By AMTRUST
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MARIA DEL ROSARIO HERNANDEZ MUNOZ vs. SRH MANAGEMENT INC A CORP. - EL POLLO LOCO, SECURITY NATIONAL INSURANCE, Administered By AMTRUST

Filed: Nov 08, 2018
Santa Ana
ADJ9581008

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that disallowed a lien claimant's medical-legal expense. The WCAB found that a contested claim existed at the time the services were rendered and that the defendant waived objections by failing to respond within the statutory 60-day period. Consequently, the matter was returned to the trial level for further proceedings to determine the reasonable cost of the services and potential attorney's fees. A dissenting opinion argued that further development of the record was needed to conclusively establish a contested claim.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that disallowed a lien claimant's medical-legal expense. The WCAB found that a contested claim existed at the time the services were rendered and that the defendant waived objections by failing to respond within the statutory 60-day period. Consequently, the matter was returned to the trial level for further proceedings to determine the reasonable cost of the services and potential attorney's fees. A dissenting opinion argued that further development of the record was needed to conclusively establish a contested claim.

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MARIA DEL ROSARIO HERNANDEZ MUNOZ vs. SRH MANAGEMENT INC A CORP. - EL POLLO LOCO, SECURITY NATIONAL INSURANCE, Administered By AMTRUST (2018) – Santa Ana | CompFox