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Case Name | Del Rio vs. Quality Hardware, Republic Indemnity | |
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Date | 04/20/1993 | |
Note | Employer not liable for medical-legal costs prior the filing of a claim form or notice or knowledge by the employer of the injury followed by a reasonable time to accept or deny the claim. | |
Citation | 58 CCC 147 (En Banc) | |
WCC Citation | WCC 30601993 CA |
The reasons for the settlement included a dispute over injury AOE/COE and nature and extent of the employee's disability. The Summary of Evidence reflects that the employee, Jose Del Rio, testified that he complained about medical problems related to his employment in 1987 and 1989. On February 5, 1991, Jose Del Rio was examined by Neurologic Orthopedic Associates and a report of that examination was sent to the employee's attorney on February 12, 1991. Lien Claimants' Exhibit III-A is a letter dated February 26, 1991, from Quality Hardware returning the form letter with insurance information. Neither Neurologic Orthopedic Associates nor Bristol Diagnostics timely raised the issue of penalty and interest under Labor Code section 4622.
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