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ANGELOTTI CHIROPRACTIC, INC. v. BAKER

Nos. 13-56996, 13-57080.

791 F.3d 1075 (2015)

ANGELOTTI CHIROPRACTIC, INC.; Mooney & Shamsbod Chiropractic, Inc.; Christina-Arana & Associates, Inc.; Joyce Altman Interpreters, Inc.; Scandoc Imaging, Inc.; Buena Vista Medical Services, Inc.; David H. Payne M.D., Inc., Plaintiffs-Appellants, v. Christine BAKER, in her official capacity as Director of the California Department of Industrial Relations; Ronnie Caplane, in her official capacity as Chair of the Workers' Compensation Appeals Board; Destie Lee Overpeck, in her official capacity as Acting Administrative Director of the California Division of Workers Compensation, Defendants-Appellees. Angelotti Chiropractic, Inc.; Mooney & Shamsbod Chiropractic, Inc.; Joyce Altman Interpreters, Inc.; Scandoc Imaging, Inc.; Buena Vista Medical Services, Inc.; David H. Payne M.D., Inc.; Christina-Arana & Associates, Inc., Plaintiffs-Appellees, v. Christine Baker, in her official capacity as Director of the California Department of Industrial Relations; Ronnie Caplane, in her official capacity as Chair of the Workers' Compensation Appeals Board; Destie Lee Overpeck, in her official capacity as Acting Administrative Director of the California Division of Workers Compensation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2015.

Attorney(s) appearing for the Case

Donna M. Dean (argued), Deputy Attorney General, Joel A. Davis , Supervising Deputy Attorney General, Kristin G. Hogue , Senior Assistant Attorney General, Kathleen A. Kenealy , Chief Assistant Attorney General, and Kamala D. Harris , Attorney General of California, Los Angeles, CA, for Defendants-Appellants & Cross-Appellees.

Glenn E. Summers (argued), Sundeep K. Addy , and Daniel C. Taylor , Bartlit Beck Herman Palenchar & Scott LLP, Denver, CO; Paul Murphy and Mark Nagle , Murphy Rosen LLP, Santa Monica, CA, for Plaintiffs-Appellees & Cross-Appellants.

Nicholas P. Roxborough and Anne S. Kelson , Roxborough, Pomerance, Nye, & Adreani, LLP, Woodland Hills, CA, for Amicus Curiae California Society of Industrial Medicine and Surgery.

Michael A. Marks , Allweiss & McMurtry, Tarzana, CA, for Amicus Curiae California Workers' Compensation Institute & American Insurance Association.

Ellen Sims Langille and Katherine F. Theofel , Finnegan, Marks, Theofel & Desmond, San Francisco, CA, for Amicus Curiae California Chamber of Commerce.

Eric S. Boorstin (argued) and Jeremy B. Rosen , Horvitz & Levy LLP, Encino, CA, for Amicus Curiae State Compensation Insurance Fund.

Before: MARY M. SCHROEDER and JACQUELINE H. NGUYEN, Circuit Judges and JACK ZOUHARY, District Judge.

OPINION

In 2012, California enacted Senate Bill 863 ("SB 863") to combat an acute "lien crisis" in its workers' compensation system. These liens are filed by medical providers and other vendors to seek payment for services provided to an injured worker with a pending...

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