Home/Case Law/JOY A. SKEETE-PENEGAR (JOY PENEGAR) vs. BANK OF AMERICA, ARROWOOD INDEMNITY COMPANY
Regular DecisionReconsideration

JOY A. SKEETE-PENEGAR (JOY PENEGAR) vs. BANK OF AMERICA, ARROWOOD INDEMNITY COMPANY

Filed: Jul 29, 2011
San Francisco
ADJ3998532 (VNO 0450822) ADJ1852772 (VNO 0450819)

CompFox AI Summary

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.

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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JOY A. SKEETE-PENEGAR (JOY PENEGAR) vs. BANK OF AMERICA, ARROWOOD INDEMNITY COMPANY (2011) – San Francisco | CompFox