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.
 

Other WCAB Decisions