BARBARA HASKIN vs. FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

This case involves a lien claimant, Access Mediquip, represented by Pinnacle Lien Services, who seeks reconsideration of a decision by a workers' compensation administrative law judge (WCJ) that found that the lien claimant provided equipment to a hospital which was used in the spinal surgery of the applicant, but that the defendant had paid the hospital and had no obligation to the lien claimant. The WCJ ordered that the lien claimant take nothing on its lien. The WCJ's decision was based on evidence that was not formally admitted, and the record was incomplete. The Workers' Compensation Appeals Board granted the Petition for Reconsideration, rescinded the May 8, 2012 Findings of Fact, Order, and returned the

FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured BARBARA HASKIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA HASKIN, Applicant,vs.FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendants.Case No. ADJ1660426 (FRE 0225153)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Lien claimant, Access Mediquip, represented by Pinnacle Lien Services (lien claimant), seeks reconsideration of the Findings of Fact, Order issued by a workers’ compensation administrative law judge (WCJ) on May 8, 2012, wherein the WCJ found that lien claimant provided equipment to Century City Doctors Hospital (the hospital) which was used in the spinal surgery applicant underwent on May 12, 2007, pursuant to her award of further medical treatment. In the Opinion on Decision, the WCJ explained that defendant paid the hospital and had no obligation to lien claimant, and that lien claimant may need to pursue its claim based on its contract with the hospital. The WCJ ordered that lien claimant take nothing on its lien.            Lien claimant contends that the WCJ erred in ordering that it take nothing on its lien, arguing that the WCJ should have found that defendant failed to meet its burden to prove that the hospital bill it paid included the implantable devices supplied by lien claimant.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. Defendant filed an Answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. For the reasons discussed below, we will grant reconsideration, rescind the May 8, 2012 Findings of Fact, Order, and return the matter to the trial level for further proceedings and a new decision by the WCJ. ,             Applicant sustained industrial injury to her back, and resolved her case by stipulations with request for award in 2004. Pursuant to her open medical awa

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