Home/Case Law/MARIA MARTINEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MARIA MARTINEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND

Filed: Feb 01, 2008
VNO 0396976

CompFox AI Summary

The Appeals Board granted reconsideration, rescinded the prior order, and returned the case to the trial level. The WCJ erred by applying the 2004 Outpatient Surgery Center Fee Schedule; instead, the court must determine a reasonable fee based on the Kunz precedent. This requires developing the record to consider factors like the provider's usual fees and geographic area rates, not solely the fee schedule.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinded the prior order, and returned the case to the trial level. The WCJ erred by applying the 2004 Outpatient Surgery Center Fee Schedule; instead, the court must determine a reasonable fee based on the Kunz precedent. This requires developing the record to consider factors like the provider's usual fees and geographic area rates, not solely the fee schedule.

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