ROBINSON-MAY DEPARTMENT STORES; NATIONAL FIRE & MARINE INSURANCE COMPANY, BETTY AMRIKHAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABETTY AMRIKHAS, Applicantvs.NATIONAL FIRE & MARINE INSURANCECOMPANY, Defendant(s),Case No. ADJ3941863 (ANA 0379307)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the December 4, 2008 Findings of Fact Order and Award of the workers’ compensation administrative law judge (WCJ), who granted the liens of Roger Kerr, M.D. and the MRI Center of Orthopedic Hospital (jointly called lien claimants) in the total amount of $3,159.00 for diagnostic services they provided applicant on May 26, 2004, by performing and reading MRIs of her wrists and an MR arthrogram of her right shoulder. Earlier, on June 3, 2008, it was determined that applicant did not sustain her claim of cumulative trauma industrial injury to her wrists, right shoulder and other body parts while working as an area sales manager/laborer for defendant. No petition for reconsideration or appeal was filed to challenge the June 3, 2008 decision that applicant take nothing on her claim. Defendant contends that the lien claims should have been disallowed because they were for unnecessary diagnostic testing provided as part of applicant’s self-procured medical treatment and because the tests were not medical-legal services reasonably required to prove or disprove her contested claim. , We grant reconsideration and rescind and reverse the WCJ’s December 4, 2008 decision allowing the liens. The diagnostic testing services provided applicant by lien claimants were part of her self-procured medical treatment and were not medical-legal costs reasonably or necessarily incurred to prove or disprove her contested claim. Because applicant’s claim of industrial injury was denied, defendant is not liable for the costs of her self-procured medical treatment. Applicant claimed
Betty Amrikhas, vs. Robinson-may Department Stores; National Fire & Marine Insurance Company,
(ANA 0379307) is a case in which Betty Amrikhas, an applicant, claimed that she incurred cumulative trauma industrial injury to multiple body parts while working for the defendant, National Fire & Marine Insurance Company. The defendant denied liability and it was determined on June 3, 2008 that the applicant take nothing on her claim. The defendant sought reconsideration of the December 4, 2008 Findings of Fact Order and Award of the workers' compensation administrative law judge (WCJ), who granted the liens of Roger Kerr, M.D. and the MRI Center of Orthopedic Hospital (jointly called lien claimants) in the total amount of $3,159.00 for diagnostic services they provided applicant on May 26, 2004,
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ3941863
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