Tim Rose of the Sacramento office has successfully defended a lien filed by John Muir Medical Center, successfully arguing at Trial that the lien claimant had failed to prove AOE/COE and that the applicant was an employee at the time the medical incident occurred or was performing duties on behalf of or for the benefit of the employer at the time of his incident. The Application for Adjudication was filed by the lien claimant after providing medical care for an individual who was treated for an intracranial hemorrhage, skull defect and other serious ailments. At the time of Trial, the lien claimant attempted to introduce new evidence not listed on the Pre-Trial Conference Statement through a Trial Brief with attachments. The evidence was successfully blocked from being introduced or considered at the time of Trial. The lien claimant has since withdrawn their lien and did not pursue Reconsideration.
Read the full Findings and Order here.
