County Of San Bernardino Harold Hansen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHAROLD HANSEN, Applicant,vs.COUNTY OF SAN BERNARDINO, Defendants,ARROWBACK MEDICAL GROUP, Lien Claimant.Case Nos. ADJ1229365 (SBR 0302024)ADJ4532708 (SBR 0297673)OPINION AND DECISION AFTER RECONSIDERATION We earlier granted the petition of lien claimant, Arrowback Medical Group (AMG) for reconsideration of the December 2, 2010 Findings and Order of the workers’ compensation administrative law judge (WCJ) who found that defendant is not liable for the “claimed balance remaining on the charges” of AMG and ordered that AMG take nothing further on its lien claim. In her accompanying Opinion on Decision, the WCJ explains that although AMG’s lien claim was not barred by the statute of limitations because defendant had knowledge of the lien, AMG’s failure to prosecute its lien claim “in a timely maimer” supported application of the doctrine of laches to bar further recovery. Applicant’s claim in ADJ4532708 of industrial injury to his right shoulder while working for defendant as a deputy sheriff on March 8, 2000 was earlier addressed on March 27, 2001 by entry of a stipulated Award of 5% permanent disability and future medical treatment. As part of the stipulations leading to the March 27, 2001 Award, defendant agreed that medical-legal expenses were “payable” by defendant to AMG and the Award ordered defendants to “pay or adjust all liens properly served herein to the date of this order, with jurisdiction reserved in the , event of dispute,” and further provided that defendant was to “make further good faith efforts to settle all liens or file a Declaration of Readiness to Proceed within 20 days of service on same if unsuccessful.” Applicant’s claim in ADJ1229365 of industrial injury to his left knee while working for defendant as a deputy sheriff on December 30, 2000 was earlier addressed on July 3, 2003 by entry of a stipulated Award of 37% p
Harold Hansen vs. County Of San Bernardino
is a case involving Harold Hansen and the County of San Bernardino. The County of San Bernardino had agreed to pay or adjust all liens properly served in the March 27, 2001 Award and the July 3, 2003 Award. The lien claimant, Arrowback Medical Group, had failed to prosecute its lien claim in a timely manner and the Workers' Compensation Administrative Law Judge applied the doctrine of laches to bar further recovery. The Workers' Compensation Appeals Board rescinded the WCJ's decision and returned the case to the trial level for further proceedings on the lien claim and for a new decision. The Board found that the WCJ's application of the doctrine of laches was incorrect because defendant did not show that AMG's delay in prosecuting the
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ1229365
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.