Technicolor; Chubb Group Los Angeles; Specialty Risk La Habra Maria De Los Angeles Segura WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA DE LOS ANGELES SEGURA, Applicant,vs.TECHNICOLOR; CHUBB GROUP LOS ANGELES; SPECIALTY RISK LA HABRA, Defendant(s).Case Nos. ADJ964606; ADJ800629OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsidered ion of lhe Joint Findings and Award of June 30, 2010. in which the workers’ compensation judge (WCJ) found that applicant sustained industrial injury on October 11. 2002 “or” during the period October 11, 2000 through October 11.2002, that there is no statutory bar to proceeding on the lien of Westlake Spine and Outpatient Surgery Center (“Westlake”), and that Westlake’s lien is reimbursable pursuant to 8 Cal. Code Regs. (CCR) section 9789.33,1 less credit of $1.999.34. Defendant contends, in substance, that Westlake’s lien is barred by laches due to its failure to notify defendant that it did not accept defendant’s initial reimbursement, that the WCJ created an unsupported judicial exception to the Statute of Limitations, that the creation of this exception is prejudicial and unjustly rewards Westlake’s lack of diligence, and that there is no basis for ignoring the Statute of Limitations under Labor Code section 4903.5. The WCJ submitted a Report and Recommendation. We adopt and incorporate the “Facts” (Section II) of the WCJ’s Report, which describes the relevant factual background. We do not adopt or incorporate the remainder of the Report. 1 Rule 9789.33 is lhe Hospital Outpatient Departments and Ambulatory Surgical Facilities Fee Schedule. , In his Report, the WCJ describes the facts as follows: “Lien claimant, Westlake Spine and Outpatient Surgery Center provided medical services in January 2005 reasonably required to cure or relieve from the effects of the industrial injury herein. Westlake sent billing to defendant and def
Maria De Los Angeles Segura vs. Technicolor; Chubb Group los Angeles; Specialty Risk La Habra
In this case, Maria De Los Angeles Segura was granted workers' compensation after sustaining an injury while employed by Technicolor. Westlake Spine and Outpatient Surgery Center provided medical services for the injury, but was barred from filing a lien due to Labor Code section 4903.5(a). Westlake failed to respond after defendant paid less than the full amount of Westlake’s bill in March 2005, and failed to file its lien or appear at the Mandatory Settlement Conference of June 7, 2006. Therefore, Westlake was not entitled to any further reimbursement from defendant.
- Filed On:
- Court: California, Oxnard
- Case No. ADJ964606
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