What the panel ordered
Petition for Reconsideration denied; lien disallowed.
Petition for Reconsideration of the Findings and Order issued by the WCJ on October 11, 2023, denied by the WCAB panel on December 29, 2023.
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.
LiensDefendant prevailedback · lower extremities · psyche · body systems · sleep disorder
The lien claimant did not meet its burden of proof to show the treatment was reasonably required to cure or relieve the effects of the industrial injury, due to inconsistencies and lack of evidence that treatment was provided or utilized by applicant.
From the decision · page 2The parties subsequently submitted a Compromise and Release stating that applicant claimed injury to his lumbar spine, lower extremities, psyche, internal body system, nervous system, heart, internal organs, abdomen/groin, and in the form of a hernia, gastritis/GERD, and opioid induced constipation; a WCJ issued the Order Approving Compromise and Release on February 18, 2020. Lien claimant and defendant proceeded to a lien trial September14, 2023. They stipulated that applicant sustained injury arising out of and occurring in the course of employment to various body parts and in the form of sleep disorder. The issues submitted for decision were," Lien of Sleep Treatment Center inclusive of the necessity of the treatment and date of service for the treatment provided and also the reasonableness of the charges." (Minutes of Hearing and Summary of Evidence (MOH/SOE), September14, 2023, p.2.)