Home/Case Law/PORFIRIO ABRAJAN vs. JOSE OCHOA FARM LABOR SERVICES, INC., VARIOUS EMPLOYERS, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

PORFIRIO ABRAJAN vs. JOSE OCHOA FARM LABOR SERVICES, INC., VARIOUS EMPLOYERS, STATE COMPENSATION INSURANCE FUND

Filed: Jul 01, 2009
ADJ4157066 (FRE 0207236)

CompFox AI Summary

The Workers' Compensation Appeals Board granted SCIF's petition for reconsideration, rescinding the Arbitrator's prior order. The Board found the Arbitrator erred by incorrectly shifting the burden of proof to SCIF to disprove the reasonableness of the facility fees. Instead, the Board clarified that lien claimants, as the affirmative party, always bear the burden of proving their charges are reasonable. The case was returned to the Arbitrator to apply the correct legal standard and reassess the evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted SCIF's petition for reconsideration, rescinding the Arbitrator's prior order. The Board found the Arbitrator erred by incorrectly shifting the burden of proof to SCIF to disprove the reasonableness of the facility fees. Instead, the Board clarified that lien claimants, as the affirmative party, always bear the burden of proving their charges are reasonable. The case was returned to the Arbitrator to apply the correct legal standard and reassess the evidence.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

PORFIRIO ABRAJAN vs. JOSE OCHOA FARM LABOR SERVICES, INC., VARIOUS EMPLOYERS, STATE COMPENSATION INSURANCE FUND (2009) – | CompFox