HEILIG MANUFACTURING; LUMBERMENS MUTUAL CASUALTY COMPANY, BETTY DORN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABETTY DORN, Applicant,vs.HEILIG MANUFACTURING; LUMBERMENS MUTUAL CASUALTY COMPANY, Defendants.Case No. ADJ2328508 (FRE 0173522)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Lien claimant, Schroeder Chiropractic North, seeks reconsideration of the Findings of Fact and Award, issued December 12, 2008, in which a workers’ compensation administrative law judge (WCJ) awarded lien claimant the sum of $226.45, as reimbursement for chiropractic services rendered on May 17, 2005, but disallowed the balance its lien claim of $9,383.95, for treatment rendered after that date. The WCJ denied additional reimbursement because lien claimant did not establish that it was part of defendant’s Medical Provider Network (MPN), and because applicant’s condition was not “serious chronic,” and thus did not justify treatment outside the MPN. Lien claimant contests the WCJ’s determination to deny reimbursement for chiropractic treatment except for a single date of treatment. Lien claimant contends first that the WCJ erred in crediting the reports of the Panel Qualified Medical Evaluator (QME), Dr. Bohigian, because his opinions are “conflicting, confusing and statutorily late,” and thus do not constitute substantial medical evidence. Lien claimant asserts that the report of the second Panel QME, Dr. Arakelian, which the WCJ excluded, should have been followed to conclude that applicant suffers from a “serious chronic condition,” and thus entitled to continued treatment from her chiropractor outside defendant’s MPN, pursuant to Labor Code Section 4616.2(d)(3)(b). Lien claimant further contends , that the WCJ erred in finding lien claimant did not establish it was in defendant’s MPN at the time the treatment was rendered. Following our review of the record, and for the reasons set forth below, we shall affirm the Findings of Fa
Betty Dorn, vs. Heilig Manufacturing; Lumbermens Mutual Casualty Company,
- Filed On:
- Court: California, Fresno
- Case No. ADJ2328508
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