ADJ6776516 — California WCAB decision

What the panel ordered

Petition for Reconsideration granted; Findings and Order of January 14, 2025 rescinded; matter returned to WCJ for further proceedings.

Lien claimant sought reconsideration of the WCJ's Findings and Order issued January 14, 2025, which the WCAB granted, rescinding the F&O and returning the matter to the WCJ for further proceedings.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold July 20, 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.

LiensMixedback · left shoulder · left wrist · psyche · complex regional pain syndrome · coronary artery disease · sleep disorder

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Service of the Report and transmission of the case to the Appeals Board on January 28, 2025 provided actual notice to the parties of the commencement of the 60-day period for the Appeals Board to act on the petition for reconsideration under Labor Code section 5909.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code

Labor Code section 5909

The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board, and parties must be notified of the transmission date.

From the decision · page 3Former section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:

Labor Code

Labor Code section 5814

Penalties apply when payment of compensation pursuant to an award has been unreasonably delayed or refused; penalties belong to applicant, not lien claimant.

Labor Code

Labor Code section 4622

WCJ must consider whether lien claimant is entitled to payment of penalties pursuant to section 4622, not section 5814 penalties.

From the decision · page 5Here however, the issue is whether lien claimant is entitled to a penalty. Lien claimant filed a lien for payment for medical treatment, and subsequently, the WCJ awarded payment in his decision of April 17, 2019. Section 5814 penalties belong to applicant, and we do not consider the issue of whether applicant is entitled to penalties, except to note that section 5814 penalties are not awarded to a lien claimant. Instead, the WCJ must consider whether lien claimant is entitled to a payment of penalties pursuant to section 4622. With respect to any allegation regarding sanctions, we refer the parties to WCAB Rule 10786 (Cal. Code Regs., tit. 8, § 10786.)

WCAB Rule

WCAB Rule 10786

Regarding allegations of sanctions, parties are referred to WCAB Rule 10786.

From the decision · page 5Here however, the issue is whether lien claimant is entitled to a penalty. Lien claimant filed a lien for payment for medical treatment, and subsequently, the WCJ awarded payment in his decision of April 17, 2019. Section 5814 penalties belong to applicant, and we do not consider the issue of whether applicant is entitled to penalties, except to note that section 5814 penalties are not awarded to a lien claimant. Instead, the WCJ must consider whether lien claimant is entitled to a payment of penalties pursuant to section 4622. With respect to any allegation regarding sanctions, we refer the parties to WCAB Rule 10786 (Cal. Code Regs., tit. 8, § 10786.)

ADJ6776516 · April 1, 2025

What the panel ordered

What was disputed, and how it came out

The facts that decided it

Your case already resembles someone else’s. Find whose.

What the panel did with the medical opinions

The rules the panel named

What proof carried it

About this page