Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 4620 and 4621
Labor Code sections 4620 and 4621 require a lien claimant to prove a contested claim existed at the time expenses were incurred and that the expenses were reasonable and necessary.
Applied to determine reasonableness and necessity of medical-legal report.
From the decision · page 12A lien claimant holds the initial burden of proof pursuant to Lador Code sections 4620
and 4621 to establish that a contested claim existed at the time the expenses were incurred, that
the expenses were incurred for the purpose of proving or disproving a contested claim, and that its
services were reasonably and necessarily incurred.
Labor Code section 4600(c); Cal. Code Regs., tit. 8, 9785(b)(2)
Labor Code section 4600(c) and Cal. Code Regs., tit. 8, 9785(b)(2) govern designation of primary treating physician and medical-legal evaluation requests.
Applied to the designation of Dr. Arbi Mirzaians as PTP and request for medical-legal evaluation.
From the decision · page 2We will briefly review the relevant facts.
Applicant while employed as a patrol officer by Recon Industries, Inc. dba California
Safety Agency, claimed to have sustained injury arising out of and in the course of employment
for the period November 30, 2022, through November 30, 2023, to shoulders, legs, back, knees,
and feet.
On January 1, 2024, applicant filed an Application for Adjudication (Application).
On March 13, 2024, applicant's attorney designated Arbi Mirzaians, D.C., as applicant's
primary treating physician (PTP) pursuant to Labor Code section 4600(c) and AD Rule 9785(b)(2)
(Cal. Code Regs., tit. 8, § 9785(b)(2).) The letter requested that he prepare a medical-legal
evaluation report.
Labor Code section 4603.6; Cal. Code Regs., tit. 8, 10786(i)(1)
Labor Code section 4603.6 and Cal. Code Regs., tit. 8, 10786(i)(1) govern medical-legal billing, objections, penalties, and interest.
Applied to determine reasonableness of charges and penalties for late payment.
From the decision · page 13All medical-legal expenses for which the employer is liable shall, upon receipt by the
employer of all reports and documents, be paid to whom the funds and expenses are due within 60
days after receipt by the employer of each separate, written billing and report. If payment is not
made within this period, that portion of the billed sum then unreasonably unpaid shall be increased
by 10 percent, together with interest thereon at the rate of 7 percent per annum retroactive to the
date of receipt of the bill and report by the employer.
Labor Code section 5813; Cal. Code Regs., tit. 8, 10786(i)(1)
Labor Code section 5813 and Cal. Code Regs., tit. 8, 10786(i)(1) authorize sanctions for bad faith actions or tactics that are frivolous or cause unnecessary delay.
Applied to impose sanctions on defendant for bad faith and frivolous litigation.
From the decision · page 4The Appeals Board is authorized to impose sanctions, costs and attorney's fees under
section 5813, which states, in pertinent part, that