Aamir Khan vs. Denny’s Restaurant; The Hartford, Administered By Gallagher Bassett Services, Inc

In this case, the Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the Findings, Award, and Order issued by the workers' compensation administrative law judge. The Appeals Board found that the Qualified Medical Evaluator was entitled to payment of his bill, but not in full, as the defendant had not objected to the invoice with an Explanation of Review within the 60-day window. The matter was returned to the trial level for further proceedings and decision by the WCJ.

Denny’s Restaurant; The Hartford, administered by Gallagher Bassett Services, Inc Aamir Khan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAAMIR KHAN, Applicant,vs.DENNY’S RESTAURANT; THE RECONSIDBRATION HARTFORI), administered by GALLAGHER BASSETT SERVICES, INC., DefendantsCase No. ADJ8396740OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION             Defendant Denny’s Restaurant seeks reconsideration of the Findings, Award, and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on October 15, 2019. As relevant herein, the WCJ found that the panel Qualified Medical Evaluator (QME) is entitled to payment of his bill in the amount of $11,250.00.            As relevant herein, defendant contends that the billing claimed by cost petitioner QME Dr. Matthew Steiner is unreasonable.            Cost petitioner filed an answer. Defendant filed a supplemental Petition for Reconsideration, and cost petitioner filed a response to defendant’s supplemental Petition for Reconsideration.1 The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.            We have considered the allegations of the Petition for Reconsideration and the contents of the Report of the WCJ with respect thereto. Based on our review of the record, and for the reasons discussed below, we will grant reconsideration, rescind the Findings, Award, and Order, and return the matter to the WCJ for further proceedings consistent with this decision. 1 We have considered defendant s supplemental Petition for Reconsideration and cost petitioner’s response pursuant to WCAB Rule 10848 (Cal. Code Regs, tit 8. ft 10848) Effective January I. 2020, WCAB Rule 10848 is now 10964. , FACTUAL BACKGROUND            The parties stipulated that applicant, while employed from April 4, 2011, to April 4, 2012, as a manager by defendant, claims to have sustained injury arising out of and in

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