What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by lien claimant Spectrum Medical Group was reviewed and denied by the WCAB panel.
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.
AOE/COEDefendant prevailedhead · neck · arms · wrists · left shoulder · lumbar spine
The lien claimant failed to meet its burden of proving compensable injury based on the more persuasive PQME report and lack of applicant testimony.
From the decision · page 5Labor Code sections 3202.5 and 5705 mandate that a lien claimant stands in the shoes of the injured worker and must prove by a preponderance of the evidence all elements necessary to establish the validity of its lien before the burden of proof shifts to the employer. (Torres v. AJC Sandblasting (2012) 77 Cal. Comp. Cases 1113, 1115, 1120-1121.) Petitioner failed to meet its burden of establishing a compensable injury in this case.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.