What the panel ordered
March 22, 2021 Joint Findings and Order rescinded; matter returned to trial level for further proceedings consistent with opinion.
Petition for Reconsideration granted to further study legal and factual issues; decision after reconsideration issued rescinding prior Findings and Order and returning matter to trial level for further proceedings.
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 found the lien claimant's declaration under section 4903.05(c)(1)(G) was inaccurate because the services were rendered during denied claims and did not fit the statutory categories, requiring further factual development and rescinding the dismissal.
From the decision · page 6claimed injuries. The WCJ's Report observes that "[a]t inception of the claims, all three were denied," but that "[o]n an unknown date, defendant admitted the specific injury claim, case number ADJ98359494, to the neck, thoracic spine, right shoulder and right knee. The other two claims remain denied." (Report, at p. 4.) Thus, it appears that "[a]t the time petitioner's services were rendered, all three claims were denied." (Ibid.) By extension, if all three claims were denied at the time lien claimant interpreted at applicant's medical evaluations, the question is raised as to why lien claimant chose not to declare under section 4903.05(c)(1)(E) that it provided services on a fully denied claim wherein defendant "neglected or unreasonably refused to the employee as provided by Section 4600." (Report, at p. 5, citing Lab. Code, § 4903.05(c)(1)(E).)