Medical/Legal

Ransom vs. Jacksonville Jaguars, 2013 Cal. Wrk. Comp. P.D. Lexis 122 (2013 – panel decision)

WCAB found that when California jurisdiction is being contested a defendant should not be held liable to pay lien claims and advance medical-legal expenses on a claim.  Additionally, a Petition for Reconsideration is proper when a party is found liable for payment of certain expenses, including expenses not yet incurred.  Regarding the medical-legals, the WCAB found the issue of jurisdiction should be determined prior to concluding defendant is liable for payment.  Alternatively, the court noted that the Appeals Board does have limited jurisdiction to determine whether it is the proper forum to adjudicate an injury claim.  The WCAB stated additionally that if a case cannot proceed without payment of medical legal expenses, the workers’ compensation judge may issue an award against another defendant subject to jurisdiction, which can later be the subject to contribution proceedings.