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Lien claimants Dr. Silver and Dr. Bresler petitioned for reconsideration after the WCJ limited their fees to the Official Medical Fee Schedule (OMFS). The Appeals Board granted reconsideration, amending Dr. Bresler's award due to calculation errors from $8,235.00 to $8,157.41, and affirming Dr. Silver's award of $250.00. The Board found that the OMFS applied as the employer accepted liability for treatment and paid some services, and the lien claimants failed to prove fees exceeding the OMFS were reasonable. Penalties under Labor Code section 5814 were denied as they are not payable to lien claimants.
JOY A. SKEETE-PENEGAR (JOY PENEGAR) vs. BANK OF AMERICA, ARROWOOD INDEMNITY COMPANY is a workers' compensation case decided in San Francisco. 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 San Francisco.
Full Decision Text1 Pages
Lien claimants Dr. Silver and Dr. Bresler petitioned for reconsideration after the WCJ limited their fees to the Official Medical Fee Schedule (OMFS). The Appeals Board granted reconsideration, amending Dr. Bresler's award due to calculation errors from $8,235.00 to $8,157.41, and affirming Dr. Silver's award of $250.00. The Board found that the OMFS applied as the employer accepted liability for treatment and paid some services, and the lien claimants failed to prove fees exceeding the OMFS were reasonable. Penalties under Labor Code section 5814 were denied as they are not payable to lien claimants.
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