What the panel ordered
Petition for Reconsideration denied; lien dismissal affirmed.
Lien claimant RMS Medical Group filed a Petition for Reconsideration of the Supplemental Findings and Order of January 31, 2024, which denied penalties and interest and dismissed the lien. The WCJ had previously found the reasonable value of medical charges and payment by defendant, and the Petition was reviewed by the WCAB panel.
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 lien claimant did not establish entitlement to penalties and interest because the corrected bill was paid timely within 45 days, and earlier bills were not determinable for reasonable value.
From the decision · page 3Lien claimant contends that it should receive penalties and interest based on the date that it first submitted its bills to defendant. However, at the initial trial in April 2022, the earlier bills were admitted into evidence and considered by the WCJ. The WCJ found that there was no substantial evidence regarding the reasonable value of lien claimant's reasonable medical treatment services. (5/19/22 F&O, Finding of Fact no. 7, p. 2.) Thus, since the WCJ found that he was unable to determine the amount owed to lien claimant based on those earlier bills, we cannot base any penalties and interest for defendant's failure to pay the amounts on the earlier bills.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Lien claimant served a corrected bill on June 23, 2022, which defendant paid within 45 days.
Favours Defendant prevailed
This timely payment negated entitlement to penalties and interest under Labor Code Section 4603.2(b)(2).
From the decision · page 3Lien claimant served the corrected bill on June 23, 2022, and there is no dispute that defendant paid that bill within 45 days. (12/6/23 Minutes of Hearing, p. 2.) Since the bill served June 23, 2022, was reviewed, and paid timely on July 19, 2022, the lien claimant did not establish an entitlement to penalties and interest. Thus, the SF&O dismissing the lien was supported by the evidence and findings of fact.
Earlier bills were admitted but no substantial evidence on reasonable value was found, so penalties and interest could not be based on those bills.
Favours Defendant prevailed
Without a determinable amount owed, penalties and interest could not be imposed.
From the decision · page 3Lien claimant contends that it should receive penalties and interest based on the date that it first submitted its bills to defendant. However, at the initial trial in April 2022, the earlier bills were admitted into evidence and considered by the WCJ. The WCJ found that there was no substantial evidence regarding the reasonable value of lien claimant's reasonable medical treatment services. (5/19/22 F&O, Finding of Fact no. 7, p. 2.) Thus, since the WCJ found that he was unable to determine the amount owed to lien claimant based on those earlier bills, we cannot base any penalties and interest for defendant's failure to pay the amounts on the earlier bills.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 4603.2(b)(2)
Labor Code Section 4603.2(b)(2) regarding payment timelines and penalties for medical treatment charges.
Applied to determine entitlement to penalties and interest based on timely payment of corrected bill.
From the decision · page 2DISCUSSION Labor Code1 4603.2(b)(2) provides in relevant part that
What proof carried it
The evidence the panel weighed, by kind.
Earlier bills were admitted but no substantial evidence on reasonable value was found, so penalties and interest could not be based on those bills.
From the decision · page 3Lien claimant contends that it should receive penalties and interest based on the date that it first submitted its bills to defendant. However, at the initial trial in April 2022, the earlier bills were admitted into evidence and considered by the WCJ. The WCJ found that there was no substantial evidence regarding the reasonable value of lien claimant's reasonable medical treatment services. (5/19/22 F&O, Finding of Fact no. 7, p. 2.) Thus, since the WCJ found that he was unable to determine the amount owed to lien claimant based on those earlier bills, we cannot base any penalties and interest for defendant's failure to pay the amounts on the earlier bills.
Defendant paid the corrected bill served on June 23, 2022 within 45 days, negating penalties and interest.
From the decision · page 3Lien claimant served the corrected bill on June 23, 2022, and there is no dispute that defendant paid that bill within 45 days. (12/6/23 Minutes of Hearing, p. 2.) Since the bill served June 23, 2022, was reviewed, and paid timely on July 19, 2022, the lien claimant did not establish an entitlement to penalties and interest. Thus, the SF&O dismissing the lien was supported by the evidence and findings of fact.
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