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The Workers' Compensation Appeals Board granted reconsideration of a lien claimant's petition, rescinding the original order and remanding the case for further proceedings. The Board found that the lien claimant failed to demonstrate extraordinary circumstances to justify payment above the Official Medical Fee Schedule, as those provisions were repealed in 2004. Furthermore, the Board clarified that lien claimants now bear the burden of proof for injury arising out of and occurring in the course of employment (AOE/COE), a principle established by recent legislative amendments and case law. The WCJ must now make findings on AOE/COE and other evidentiary issues.
DEBORAH ORTIZ vs. KAISER PERMANENTE HOSPITAL/ SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a lien claimant's petition, rescinding the original order and remanding the case for further proceedings. The Board found that the lien claimant failed to demonstrate "extraordinary circumstances" to justify payment above the Official Medical Fee Schedule, as those provisions were repealed in 2004. Furthermore, the Board clarified that lien claimants now bear the burden of proof for injury arising out of and occurring in the course of employment (AOE/COE), a principle established by recent legislative amendments and case law. The WCJ must now make findings on AOE/COE and other evidentiary issues.
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