What the panel ordered
Denial of New Age Imaging, Inc.'s petition for costs affirmed; lien reinstated due to no formal dismissal; New Age must pay lien activation fee if lien pursued
Petition for Reconsideration granted by the Appeals Board to study factual and legal issues; case assigned en banc for uniformity of decision; WCJ denied petition for costs filed by New Age Imaging, Inc.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board held that medical-legal expenses cannot be sought through a petition for costs under section 5811 because there is a separate statutory scheme for medical-legal expenses and allowing such petitions would circumvent the lien activation fee requirement.
From the decision · page 122 We hold: (1) a claim for medical-legal expenses may not be filed as a petition for costs under
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
New Age Imaging, Inc. filed a medical-legal lien for copying and related expenses before January 1, 2013, and later withdrew the lien and filed a petition for costs to avoid paying the lien activation fee.
Favours Defendant prevailed
This fact showed an attempt to circumvent the statutory lien activation fee requirement, which the Appeals Board rejected, affirming the denial of the petition for costs and reinstating the lien.
From the decision · page 116 On August 8, 2011, New Age filed a lien for copying and related expenses. After January 1,
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 4620 et seq., 4903.06, 5811
Medical-legal expenses cannot be sought through a petition for costs under Labor Code section 5811 because there is a separate statutory scheme for medical-legal expenses.
The Appeals Board applied these statutes to hold that medical-legal expenses must be pursued through the lien process and not through petitions for costs, to prevent avoidance of lien activation fees.
From the decision · page 122 We hold: (1) a claim for medical-legal expenses may not be filed as a petition for costs under
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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