CompFox AI Summary
This case concerns a defendant's petition for reconsideration of an arbitrator's decision regarding a lien claim for medical treatment reimbursement. The arbitrator found the defendant responsible for 80% of low back treatment costs but not kidney or psyche treatment, despite the applicant's injuries being attributed to "pre-existing factors." The defendant argued it was denied due process and that the arbitrator erred in terminating its lien rights based on stipulations. The Board denied reconsideration, finding the defendant had a fair hearing and failed to meet its burden of proof that the "pre-existing factors" included a prior 1987 injury, with medical evidence supporting the arbitrator's conclusion.
Full Decision Text1 Pages
This case concerns a defendant's petition for reconsideration of an arbitrator's decision regarding a lien claim for medical treatment reimbursement. The arbitrator found the defendant responsible for 80% of low back treatment costs but not kidney or psyche treatment, despite the applicant's injuries being attributed to "pre-existing factors." The defendant argued it was denied due process and that the arbitrator erred in terminating its lien rights based on stipulations. The Board denied reconsideration, finding the defendant had a fair hearing and failed to meet its burden of proof that the "pre-existing factors" included a prior 1987 injury, with medical evidence supporting the arbitrator's conclusion.
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