Home/Case Law/BRET BRETCHES vs. WAL-MART ASSOCIATION AMERICAN HOME ASSURANCE, Administered by FRANK GATES SERVICE COMPANY
Regular DecisionReconsideration

BRET BRETCHES vs. WAL-MART ASSOCIATION AMERICAN HOME ASSURANCE, Administered by FRANK GATES SERVICE COMPANY

Filed: Nov 03, 2008
San Francisco
ADJ1003911 (VNO 0454763) ADJ1559060 (VNO 0454764)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of a decision that awarded the lien claimant $$ 2,145.00$ for surgical services, disallowing the remaining $$ 15,434.54$. The Board found that the lien claimant failed to meet its burden of proof to establish the reasonableness of its charges, relying on expert testimony and fee schedule calculations presented by the defendant. This decision emphasizes that the lien claimant bears the affirmative burden to demonstrate the reasonableness of its fees for outpatient surgery center services.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of a decision that awarded the lien claimant $$ 2,145.00$ for surgical services, disallowing the remaining $$ 15,434.54$. The Board found that the lien claimant failed to meet its burden of proof to establish the reasonableness of its charges, relying on expert testimony and fee schedule calculations presented by the defendant. This decision emphasizes that the lien claimant bears the affirmative burden to demonstrate the reasonableness of its fees for outpatient surgery center services.

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BRET BRETCHES vs. WAL-MART ASSOCIATION AMERICAN HOME ASSURANCE, Administered by FRANK GATES SERVICE COMPANY (2008) – San Francisco | CompFox