What the panel ordered
The Appeals Board denies defendant's petition for reconsideration and affirms the finding that a contested claim existed when subpoenas were issued in March 2019.
Defendant Berkshire Hathaway Homestate Insurance Company seeks reconsideration of the Appeals Board's March 17, 2025 Opinion granting reconsideration and finding a contested claim existed at the time cost petitioner provided subpoena services.
This docket was decided more than once. Shown here is the latest released decision; we also hold March 17, 2025.
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.
The Appeals Board found that a contested claim existed when subpoenas were issued in March 2019 because the employer had issued a delay notice and the claim was on delay status, which constitutes a contested claim under the law and relevant en banc precedent.
From the decision · page 4Section 4620(b)(2) states that: "A contested claim exists when the employer knows or reasonably should know that the employee is claiming entitlement to any benefit arising out of a claimed industrial injury and one of the following conditions exists:... (2) The employer fails to accept liability for benefits after the expiration of a reasonable period of time within which to decide if it will contest the claim." (Emphasis added.)