Luis Martinez vs. ANA Terrazas; Allstate Insurance Co., Administered By Specialty Risk Services

ANA Terrazas; Allstate Insurance Co., Administered By Specialty Risk Services Luis Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS MARTINEZ, Applicant,vs.ANA TERRAZAS; ALLSTATE INSURANCE CO.,ADMINISTERED BY SPECIALTY RISK SERVICES, Defendants.Case No. ADJ7613459 (Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION (En Banc)INTRODUCTION            The Appeals Board granted the Petition for Reconsideration filed by New Age Imaging, Inc. (New Age) to further study the factual and legal issues presented. Thereafter, to secure uniformity of decision in the future, the Chairwoman of the Appeals Board, upon a majority vote of its members, assigned this case to the Appeals Board as a whole for an en banc decision. 1            On August 8, 2011, New Age filed a lien for copying and related expenses. After January 1, 2013, the effective date of Senate Bill 863 (SB 863), but prior to any lien proceedings, New Age withdrew its lien and in lieu of it filed a petition for costs under Labor Code section 5811,2 apparently in an attempt to avoid payment of a lien activation fee under section 4903.06. The workers’ compensation administrative law judge (WCJ) denied the petition for costs, determining that New Age could not “abrogate” its obligation to pay the lien activation fee.            We hold: (1) a claim for medical-legal expenses may not be filed as a petition for costs under 1 En banc decisions of the Appeals Board are binding precedent on all Appeals Board panels and WCJs. (Cal. Code Regs., tit. 8, § 10341; Signature Fruit Co. v. Workers’ Comp. Appeals Bd. (Ochoa) (2006) 142 Cal.App.4th 790, 796, fn. 2 [71 Cal.Comp.Cases 1044]; Gee v. Workers’ Comp. Appeals Bd. (2002) 96 Cal.App.4th 1418, 1425, fn. 6 [67 Cal.Comp.Cases 236].) In addition to being adopted as a precedent decision in accordance with Labor Code section 115 and Appeals Board Rule 10341, this en banc decision is also being adopted as a precedent decision in accordance wit

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