Decision of the Reconsideration Unit of the WCAB
Obtained by Legal Service Bureau
Attorneys and representatives
Bruce Stephenson v. County of
Los Angeles 7/20/01 WCAB Reconsideration Unit of Los Angeles
Where a defendant fails to furnish a copy of
stipulations and medical evidence when requested by a lien claimant, it was
not acting in good faith in attempting to resolve the lien claim and has come
into court with unclean hands. Consequently, it cannot claim the equitable
remedy of laches to defeat the lien claim filed after the the Award, but
concerning a group health reimbursement claim which defendant was notified of
prior to the Award.
Celeste Hall v. Two Rock Union School
District 6/09/00 WCAB Reconsideration Unit
Holding: The Official Medical Fee Schedule does
not apply in cases where the employer/carrier disputes a claim of industrial
injury and refuses to pay the medical teratment charges on that basis. If the
injury is later found to be industrial, the physician is entitled to payment
of his or her reasonable, usual and customary charges.
Charles Brown v. City of Los
Angeles Police Department 4/16/01 WCAB Reconsideration Unit
Holding: Unfavorable findings made by
a municipal pension board were not basis for collateral estoppel or res
judicata against lien claimant at the Workers' Compensation Appeals Board.
Joseph Fingleton v. City of Los
Angeles 2/22/01 WCAB Reconsideration Unit
Holding: Under certain circumstances Section
5814 penalties may be available to a lien claimant who is subject to a
defendant's unreasonable delay in payment of its lien claim.
Joe Lewis v. City of Los Angeles
6/28/00 WCALJ Foust (Santa Monica)
Holding: Trial level opinion that legally
significant events which unequivocally establish defendant's liability for
payment of lien claim may result in multiple penalties under Section 4603.2
rather than under Section 5814.