CompFox AI Summary
The Workers' Compensation Appeals Board affirmed the finding that the applicant sustained an industrial injury to his respiratory system resulting in Guillain-Barre syndrome. While medical evidence supported the industrial causation of the applicant's condition, the Board deferred the issue of the lien claimant's reimbursement amount. The case is returned to the trial level for further proceedings regarding the lien amount, specifically to litigate whether it should be determined under the Official Medical Fee Schedule with penalties or potentially in excess of it. The original award of $1,085,678.88, a 15% penalty, and interest was rescinded pending this determination.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed the finding that the applicant sustained an industrial injury to his respiratory system resulting in Guillain-Barre syndrome. While medical evidence supported the industrial causation of the applicant's condition, the Board deferred the issue of the lien claimant's reimbursement amount. The case is returned to the trial level for further proceedings regarding the lien amount, specifically to litigate whether it should be determined under the Official Medical Fee Schedule with penalties or potentially in excess of it. The original award of $1,085,678.88, a 15% penalty, and interest was rescinded pending this determination.
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