Home/Case Law/Sergio Huizar vs. Palm Springs Volkswagen, Employers Compensation Insurance Company
Regular Decision

Sergio Huizar vs. Palm Springs Volkswagen, Employers Compensation Insurance Company

Filed: Apr 30, 2018
Long Beach
ADJ9376664

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied a lien claimant's petition for reconsideration, upholding the administrative law judge's finding that the WCAB lacks jurisdiction over the dispute. The dispute concerned the reasonable value of medical services provided by the lien claimant to the applicant. The WCAB determined that an express agreement existed between the lien claimant and the defendant, as established by a series of contracts linking them through Blue Cross. This express agreement, which stipulated payment at 91% of the Official Medical Fee Schedule, divested the WCAB of jurisdiction under Labor Code section 5304.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied a lien claimant's petition for reconsideration, upholding the administrative law judge's finding that the WCAB lacks jurisdiction over the dispute. The dispute concerned the reasonable value of medical services provided by the lien claimant to the applicant. The WCAB determined that an express agreement existed between the lien claimant and the defendant, as established by a series of contracts linking them through Blue Cross. This express agreement, which stipulated payment at 91% of the Official Medical Fee Schedule, divested the WCAB of jurisdiction under Labor Code section 5304.

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Sergio Huizar vs. Palm Springs Volkswagen, Employers Compensation Insurance Company (2018) – Long Beach | CompFox