Mary Health of the Sick; Redland Insurance, Administered By Crawford and Company Julie Ann Cabeza WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIE ANN CABEZA, Applicant,vs.MARY HEALTH OF THE SICK; REDLAND INSURANCE, Administered By CRAWFORDAND COMPANY, Defendant(s).Case No. ADJ1988796 (OXN 0126081),ADJ4225705 (OXN 0126083)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Lien claimant Westlake Spine & Outpatient Surgery Center, through its attorney (hereafter “lien claimant” or “petitioner”) seeks reconsideration of the February 22, 2010 Joint Findings and Order issued by the workers’ compensation administrative law judge (WCJ). In that decision, the WCJ found that there was no evidence as to the reasonableness of the charges of petitioner’s lien and that a petitioner had failed to meet its burden of proof. The WCJ ordered that lien claimant take nothing by way of its lien. Applicant’s underlying claims for both cumulative (ADJ4225705 (OXN 0126083)) and specific (ADJ1988796 (OXN 0126081)) injuries to her back, neck and shoulders were resolved by way of Compromise and Release, which was approved on April 8, 2003. Lien claimant contends that the WCJ erred in proceeding to trial on February 22, 2010, and submitting the case at 9:20 a.m. before lien claimant’s attorney arrived. Petitioner argues its attorney informed the Division of Workers’ Compensation’s Call Center that she would be late and its witness told the WCJ that the attorney would arrive about 9:20 a.m. Petitioner argues that the WCJ abused his discretion in submitting the matter before its attorney arrived at 9:23 a.m., which was “effectively a terminating sanction imposed upon lien claimant … without apparent good cause” (Ptn. Recon., at p. 7). Lien claimant further argues that it was precluded from , offering its evidence in support of its lien. No Answer was found in the Electronic Adjudication Management System (EAMS) or in th
Julie Ann Cabeza vs. Mary Health: Redland Insurance Case Overview
In this case, Julie Ann Cabeza was seeking workers' compensation for cumulative and specific injuries to her back, neck, and shoulders. Mary Health of the Sick and Redland Insurance, administered by Crawford and Company, were the defendants. Westlake Spine & Outpatient Surgery Center, the lien claimant, sought reconsideration of the February 22, 2010 Joint Findings and Order issued by the workers' compensation administrative law judge (WCJ). The WCJ found that there was no evidence as to the reasonableness of the charges of petitioner's lien and that a petitioner had failed to meet its burden of proof. The WCJ ordered that lien claimant take nothing by way of its lien. The Appeals Board granted the
- Filed On:
- Court: California, Oxnard
- Case No. ADJ1988796
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