Authorities as the decision cited them, with how this panel applied each one.
Title 8, California Code of Regulations 10786(b)
A medical-legal provider may file a lien pursuant to section 4900 et seq., or a petition for reimbursement of medical-legal expenses pursuant to WCAB Rule 10786(b).
The Board applied this standard to determine the proper filing procedure for reimbursement of medical-legal expenses.
From the decision · page 2We agree. A medical-legal provider seeking reimbursement has a dual remedy available to
them. The provider may file a lien pursuant to section 4900 et seq., or the provider may file a
petition for reimbursement of medical-legal expenses pursuant to Workers' Compensation
Appeals Board (WCAB) Rule 10786(b). (Title 8, Cal. Code Regs., § 10786(b).)
Labor Code 4620, Labor Code 4621(a)
The provider has the initial burden of proof that a contested claim existed at the time the expenses were incurred and that the expenses were reasonably, actually, and necessarily incurred.
From the decision · page 2If the provider chooses to file a petition pursuant to WCAB Rule 10786(b), the provider
has the initial burden of proof that: 1) a contested claim existed at the time the expenses were
incurred, and that the expenses were incurred for the purpose of proving or disproving a contested
claim pursuant to section 4620; and 2) its medical-legal services were reasonably, actually, and
necessarily incurred pursuant to section 4621(a).1 (Colamonico v. Secure Transportation (2019)
84 Cal.Comp.Cases 1059 [2019 Cal. Wrk. Comp. LEXIS 111] (Appeals Board en banc).)
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151
Due process requires notice and a meaningful opportunity to present evidence regarding the issues.
The Board emphasized the due process rights of parties to present evidence and respond to properly identified issues.
From the decision · page 3All parties to a workers' compensation proceeding retain the fundamental right to due
process and a fair hearing under both the California and United States Constitutions. (Rucker v.
Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases
805].) "Due process requires notice and a meaningful opportunity to present evidence in regards
to the issues." (Rea v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 625, 643 [70
Cal.Comp.Cases 312]; see also Fortich v. Workers' Comp. Appeals Bd. (1991) 233 Cal.App.3d
1449, 1452-1454 [56 Cal.Comp.Cases 537].) A fair hearing includes, but is not limited to, the
opportunity to call and cross-examine witnesses; introduce and inspect exhibits; and to offer
evidence in rebuttal. (See Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284,
1295 [66 Cal.Comp.Cases 584]; Rucker, supra, at pp. 157-158 citing Kaiser Co. v. Industrial Acc.
Com. (Baskin) (1952) 109 Cal.App.2d 54, 58 [17 Cal.Comp.Cases 21]; Katzin v. Workers' Comp.
Appeals Bd. (1992) 5 Cal.App.4th 703, 710 [57 Cal.Comp.Cases 230].)