Department Of Industrial Relations I State Of California, Legally Uninsured, Administered By State Compensation Insurance Fund Anastacia Murella WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANASTACIA MURELLA, Applicant,vs.DEPARTMENT OF INDUSTRIAL RELATIONS I STATE OF CALIFORNIA, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendant,BAY SURGERY CENTER, Lien claimant.Case No. OAK 0314027OPINION AND DECISION AFTER RECONSIDERATION We earlier granted lien claimant Bay Surgery Center’s (BSC) petition for reconsideration of1 the June 28, 2006 Findings & Order wherein the workers’ compensation administrative law judge (WCJ) disallowed BSC’s lien claim for $16,480 based upon the findings that it did not have a fictitious-name permit from the Medical Board and “did not meet its burden of proof’ as set forth in Kunz V. Patterson Floor Coverings, Inc. (2002) 67 Cal.Comp.Cases 1588 (Kunz). Prior to the lien trial herein, defendant paid $1,020 of BSC’s $17,500 bill for services related to arthroscopic capsular surgery performed on applicant at BSC on December 10, 2002. Applicant’s claim of cumulative trauma industrial injury to her bilateral shoulders and back while employed by defendant as a Personnel Analyst during the periods ending May 12, 2000 and March 19, 2002, were earlier settled on September 21, 2005, by entry of a stipulated award of 8% permanent disability and future medical treatment. As part of the stipulations, defendant agreed to pay or adjust the lien of BSC and to hold applicant harmless from that claim. BSC contends that it did not need a fictitious-name permit from the Medical Board and that | its lien claim was not properly evaluated in accordance with the process described in Kunz. BSC , also attempted to file a “supplemental petition” in response to the order granting reconsideration. However, a request to file the “supplemental petition” was not made by BSC and its filing was not approved by the A
Anastacia Murella vs. California Industrial Relations: Uninsured Claim
This case involves a dispute between Anastacia Murella, the applicant, and the Department of Industrial Relations I State of California, legally uninsured, administered by State Compensation Insurance Fund, the defendant, and Bay Surgery Center, the lien claimant. The applicant claimed to have suffered a cumulative trauma industrial injury to her bilateral shoulders and back while employed by the defendant. The defendant agreed to pay or adjust the lien of the lien claimant and to hold the applicant harmless from that claim. The lien claimant's lien claim was disallowed by the workers' compensation administrative law judge due to the lack of a fictitious-name permit from the Medical Board and not meeting its burden of proof. The Appeals Board granted the lien claimant's
- Filed On:
- Court: California, Oakland
- Case No. OAK0314027
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