Authorities as the decision cited them, with how this panel applied each one.
Labor Code 5705
Burden of proof on party holding affirmative
Lien claimant has burden to prove injury AOE/COE and reasonableness of charges.
From the decision · page 11INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT
Pursuant to Labor Code 5705, "The burden of proof rests upon the party or lien
Labor Code 3202.5
Preponderance of the evidence
Lien claimant must prove all elements of lien by preponderance of evidence.
From the decision · page 11Labor Code 3202.5 requires all parties and lien claimants to meet the evidentiary burden
of proof on all issues by a "preponderance of the evidence." This means "evidence that, when
weighed with that opposed to it, has more convincing force and the greater probability of truth."
California Code of Regulations 9793(h)
Medical-legal report requirements
Medical-legal reports must be requested by a party for proving or disproving contested claim to be admissible.
From the decision · page 8MEDICAL-LEGAL CHARGES
Petitioner has argued that the reporting of the lien claimant is capable of proving an
industrial injury and is a medical-legal report, and referred to CCR 9397(H). It appears that lien
claimant is referring to 9793(h). It does not comply with this section as it was not obtained and
requested by a party for the purpose of proving or disproving a contested claim. The request by
applicant attorney was for treatment.
There was no contested claim until after denial on June 13, 2022, and after that date none
of the reports from petitioner (5 & 6) are capable of proving or disproving a disputed fact or
proving injury. The reporting by the lien claimant does not comply with California Code of
Regulations 9793(h).
The exhibits from petitioner did not comply with Labor Code 4628 in that there was not a
complete history, prior medical records were not summarized, and according to Labor Code
4628(e), failure to comply with requirements of this section make the report inadmissible.
California Evidence Code 641
Proper service presumption
A letter correctly addressed and properly mailed is presumed received in ordinary course of mail.
From the decision · page 8Here it is evident that the lien claimant was served pursuant to Proof of Service dated
December 9, 2024 (EAMS Doc ID 55314932). Pursuant to California Evidence Code 641: A
letter correctly addressed and properly mailed is presumed to have been received in the ordinary
course of mail. Further, it appears that the defendant complied with CCR 10625.
California Code of Regulations 10625
Service compliance
Defendant complied with service regulations for evidence.
From the decision · page 8Here it is evident that the lien claimant was served pursuant to Proof of Service dated
December 9, 2024 (EAMS Doc ID 55314932). Pursuant to California Evidence Code 641: A
letter correctly addressed and properly mailed is presumed to have been received in the ordinary
course of mail. Further, it appears that the defendant complied with CCR 10625.
Labor Code 4600
Labor Code 4600
Employer satisfied treatment offer requirements through Medical Provider Network.
From the decision · page 14injury AOE/COE and therefore any treatment charges would not be compensable. Since this is the
case, it is unnecessary to discuss whether non-MPN treatment prior to denial notice if compensable.
If it was necessary, the treatment from for the first two dates of treatment on 05/06/2022 and
06/09/2022 would not be compensable as the defendant satisfied Labor Code 4600 through its
MPN in offering treatment.