Home/Case Law/HECTOR MARTINEZ vs. SHIMA NURSERY, PREFERRED EMPLOYERS INSURANCE COMPANY
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HECTOR MARTINEZ vs. SHIMA NURSERY, PREFERRED EMPLOYERS INSURANCE COMPANY

Filed: Nov 21, 2011
San Francisco
ADJ987318 (VNO 0512447)

CompFox AI Summary

This case concerns a dispute over the reimbursement amount for self-procured psychological treatment. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to modify an award to a lien claimant. While affirming the compensability of the applicant's psychological injury, the WCAB found that the lien claimant failed to meet her burden of proof for the full billed amount. Consequently, reimbursement was limited to the amount prescribed by the Official Medical Fee Schedule (OMFS), rather than the higher provider fee initially awarded.

Full Decision Text1 Pages

This case concerns a dispute over the reimbursement amount for self-procured psychological treatment. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to modify an award to a lien claimant. While affirming the compensability of the applicant's psychological injury, the WCAB found that the lien claimant failed to meet her burden of proof for the full billed amount. Consequently, reimbursement was limited to the amount prescribed by the Official Medical Fee Schedule (OMFS), rather than the higher provider fee initially awarded.

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HECTOR MARTINEZ vs. SHIMA NURSERY, PREFERRED EMPLOYERS INSURANCE COMPANY (2011) – San Francisco | CompFox