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The Appeals Board granted reconsideration and rescinded the WCJ's order, finding that the WCJ misapplied Kunz v. Patterson Floor Coverings and failed to make necessary findings on the reasonableness of the lien claimant's fee. The case was returned to the trial level for a new trial, where the defendant will be allowed to present evidence regarding the reasonableness of the lien claim. The Board also noted that the award of interest under Labor Code section 4603.2 was incorrect as no official fee schedule existed at the time of service.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the WCJ's order, finding that the WCJ misapplied Kunz v. Patterson Floor Coverings and failed to make necessary findings on the reasonableness of the lien claimant's fee. The case was returned to the trial level for a new trial, where the defendant will be allowed to present evidence regarding the reasonableness of the lien claim. The Board also noted that the award of interest under Labor Code section 4603.2 was incorrect as no official fee schedule existed at the time of service.
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