WCAB
reimbursement for a life care plan
published Appellate
Court decision that
has major
implications.
case for workers'
compensation
is not published it cites published
cases for principles that can be
effectively utilized.
applicant had a catastrophic
injury from a fall. The applicant
had limited use of the extremities
as well as psychological damage.
care to assist him with the
activities of daily living.
a Life Care Plan. The lien
claimant submitted a lien for
$24,424.44. The defendant
refused to pay.
the applicant did not want a
Compromise and Release. The
lien for the Life Care Plan was
not settled and eventually tried
before a Workers' Compensation
Judge (WCJ). The WCJ did not
allow the lien since the report
was not required or necessary in
the case.
Workers' Compensation Appeals
Board (WCAB) denied the
petition.
allowing discretionary costs
under Labor Code section 5811,
subdivision a. The appellate court
indicated that the WCAB did not
abuse their discretion in not
allowing this cost. There was no
contested issue and nothing in the
Life Care Plan was necessary to
achieve a resolution in the
matter.
Code section 4621 and
determined this was not proper
medical-legal for proving or
disproving a contested claim.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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