Authorities as the decision cited them, with how this panel applied each one.
Torres v. AJC Sandblasting (2012) 77 Cal.Comp.Cases 1113 (Appeals Bd. en banc)
Lien claimant must prove by a preponderance of the evidence all elements necessary to establish its lien, including that services were rendered and medically necessary.
Applied to lien claimant's burden of proof on medical services lien.
From the decision · page 5Additionally, when a lien claimant is litigating the issue of entitlement to payment for
industrially-related medical treatment, the lien claimant stands in the shoes of the injured employee
and must prove by a preponderance of the evidence all of the elements necessary to the
establishment of its lien. (Torres v. AJC Sandblasting (2012) 77 Cal.Comp.Cases 1113 (Appeals
Bd. en banc); Tapia v. Skill Master Staffing (2008) 73 Cal.Comp.Cases 1338 (Appeals Bd. en
banc); Kunz v. Patterson Floor Company, Inc. (2002) 67 Cal.Comp.Cases 1588 (Appeals Bd. en
banc).)
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473 (Appeals Bd. en banc)
Decisions must be based on admitted evidence; WCJ must refer to evidence in opinion on decision.
Applied to exclusion of evidence and requirement for findings based on admitted evidence.
From the decision · page 4The decisions of the Appeals Board "must be based on admitted evidence in the record."
(Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 [2001 Cal.
Wrk. Comp. LEXIS 4947] (Appeals Board en banc, emphasis added).) A WCJ is required to "make
and file findings upon all facts involved in the controversy and an award, order, or decision stating
the determination as to the rights of the parties. Together with the findings, decision, order or
award there shall be served upon all the parties to the proceedings a summary of the evidence
received and relied upon and the reasons or grounds upon which the determination was made."
(Lab. Code, § 5313; see also Blackledge v. Bank of America, ACE American Insurance Company
(Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-22 [2010 Cal. Wrk. Comp. LEXIS 74].) As
required by Labor Code section 5313 and explained in Hamilton, "the WCJ is charged with the
Labor Code section 5313
Labor Code section 5313 requires findings and summary of evidence relied upon in decision.
Applied to requirement for findings and evidence summary in WCJ decision.
From the decision · page 4The decisions of the Appeals Board "must be based on admitted evidence in the record."
(Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 [2001 Cal.
Wrk. Comp. LEXIS 4947] (Appeals Board en banc, emphasis added).) A WCJ is required to "make
and file findings upon all facts involved in the controversy and an award, order, or decision stating
the determination as to the rights of the parties. Together with the findings, decision, order or
award there shall be served upon all the parties to the proceedings a summary of the evidence
received and relied upon and the reasons or grounds upon which the determination was made."
(Lab. Code, § 5313; see also Blackledge v. Bank of America, ACE American Insurance Company
(Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-22 [2010 Cal. Wrk. Comp. LEXIS 74].) As
required by Labor Code section 5313 and explained in Hamilton, "the WCJ is charged with the
Labor Code section 4600(a)
Labor Code section 4600(a) requires medical treatment to cure or relieve effects of industrial injury.
Applied to medical necessity requirement for lien claimant's services.
From the decision · page 5Accordingly, lien claimant RMS Medical Group bears the burden of proving all of the
elements necessary to the establishment of its lien. This includes demonstrating that the services
claimed were actually rendered, and that the services were medically necessary to cure or relive
from the effects of the industrial injury. (Lab. Code, § 4600(a); Torres v. AJC Sandblasting, supra,
77 Cal.Comp.Cases 1113, 1121.)