WORK COMP LEGAL UPDATE

ALL LIENS OF SOLAKYAN COMPANIES DISMISSED

Sam Solakyan was the CEO of numerous medical imaging companies. In 2022 he was sentenced to 60 months federal prison and order to pay $30 million in restitution for operating a kick-back scheme with physicians resulting in $250 million in fraudulent claims being submitted within the California workers' compensation system.

On February 13, 2024 a Notice of Intent to dismiss the Solakyan-related liens was issued. Thereafter, no objection was made, resulting in Oxnard WCAB Judge Michael K. Greenberg issuing an order on March 22, 2024 dismissing all the liens of Beverly Hills Radiology, Empire Radiology, Hartford Neuro Diagnostics, Mid-Valley Imaging, Radstar, San Diego MRI Institute, Coast MRI, Kaplan Radiology, Santa Ana Radiology, Bakersfield Radiology, Norcal Radiology, and Vital Imaging Medical Group.

[COMMENT: In short, nothing is owed to these facilities, whose liens should eventually be noted as "dismissed" in EAMS.]

WHAT CONSTITUTES A BRAIN INJURY WARRANTING 100% PD

In the recent panel decision of Rose v. Los Angeles Dodgers (2024 Cal. Wrk. Comp. P.D. LEXIS 77) the WCAB dealt with a myriad of complex issues, the most interesting of which pertained to what constitutes an injury to the brain resulting in a presumption of total permanent disability under Labor Code Section 4662 (a)(4).

The WCAB noted they had previously found the presumption did not apply where injury resulted in partial or limited cognitive impairment (Winningham). However, the 100% PD presumption has been found to apply where the applicant was totally and completely neuro-cognitively disabled (Hill), and where the impairments required the appointment of a conservator and placement in a nursing home (Villegas). Overall, their conclusion is there must be profound cognitive impairment for the 100% PD presumption to apply.

[COMMENT: Even if the presumption does not apply, a judge could still find 100% PD as a "matter of fact" under 4662(b), or is otherwise unabled to compete in the open labor market.]

CSIA ANNUAL CONFERENCE:

MAY 13-14, 2024

Coming Soon: The 2024 California Self-Insured Association's Annual Meeting and Conference at the Disneyland Hotel Conference Center is just around the corner from May 13-14, 2024. This is always an excellent event aimed at the unique issues facing self-insured employers and their adjusting agencies.

Our law firm has been an annual supporter of the CSIA's Conference and its' lobbying efforts for California employers. HEWS President H. Neal Wells IV has been a frequent speaker for the CSIA, and will be attending the annual conference again this year.

HEWS NEWS:

HEWS Work Anniversaries in May:

San Bernardino attorney Regina R. Rabanal (16 years) and legal assistant Kelli Sparks (18 years). We also are pleased to welcome recent legal assistant hires Gabriel Aguirre in Calabasas and Afiya Yamani in Santa Ana.

Main Contributor: H. Neal Wells IV

Editorial Staff: Lynn P. Peterson

HEW&S OFFICES: COVERING ALL OF CALIFORNIA

San Bernardino (909) 890-0403 (sbr@hmplc.com)
Orange County (949) 250-1216 (ana@hmplc.com)
Glendale (818) 265-0940 (cxr@hmplc.com)
Calabasas (818) 348-8366 (cls@hmplc.com)

www.hmplc.com

The above is for informational purposes only, and not intended to constitute legal advice.