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Case Name | California Nurse Life Care Planning v. WCAB | |
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Date | 11/13/2008 | |
Note | A lien claimant is not entitled to a reimbursement for a $24,424 life care plan because it was unrelated to the relevant workers' compensation claim. | |
Citation | F055530 | |
WCC Citation | WCC 34612008 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT No. F055530 November 13, 2008 CALIFORNIA NURSE LIFE CARE PLANNING, INC. , PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD, DYNASTY FRAMING, INC. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. OPINION THE COURT*fn1 California Nurse Life Care Planning, Inc. (CNLCP) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). On April 23, 2005, CNLCP filed a Notice and Request for Allowance of Lien with the WCAB in the amount of $22,357. 44 for the expense associated with preparing the Life Care Plan. The WCJ concluded the Life Care Plan was neither a medical-legal expense under section 4621, subdivision (a)*fn3 nor a valid cost under section 5811. DISCUSSION CNLCP contends the WCAB erred in refusing to award reimbursement for the Life Care Plan because it was both a reasonably required medical-legal expense and a reimbursable cost under the WCAB's discretionary powers.
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