COUNTY OF SAN BERNARDINO, permissibly self-insured BRIAN CAMPBELL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRIAN CAMPBELL, Applicant,vs.COUNTY OF SAN BERNARDINO, permissibly self-insured, Defendant.Case No. ADJ7236428(San Bernardino District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant petitions for reconsideration of the July 12, 2012 Findings and Order, in which the workers’ compensation administrative law judge (WCJ) found that lien claimant VQ OrthoCare (VQ) had satisfied its burden of proof under Labor Code section 46001; defendant’s motion to strike was moot and otherwise denied for lack of service; and “the record fails to establish proper notice to applicant’s attorney with regard to the dispute on medical treatment and the proceedings herein.” The WCJ allowed the $2,017.04 lien. Defendant contends that the WCJ should have found that lien claimant failed to meet its burden of proving that the treatment provided was reasonably required to cure or relieve applicant from the effects of the industrial injury under section 4600. Defendant further contends that the WCJ erred by finding that defendant’s utilization review was inadequate; failing to bar VQ’s lien based on regulatory and statutory violations; and violating defendant’s due process rights by making findings based on a question of proper service that was not at issue. We have considered the Petition for Reconsideration. and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a “Report and Recommendation of W.C. Judge on Petition for Reconsideration” (Report). For the reasons set forth below, we will grant 1 All further statutory references are to the Labor Code. , reconsideration, rescind the July 12, 2012 Findings and Order, find that lien claimant did not meet il burden of proof, and disallow the lien.SUMMARY OF FACTS In a December 16, 2010 stipulated award
BRIAN CAMPBELL vs. COUNTY OF SAN BERNARDINO, Permissibly Self-insured
This case involves a dispute between Brian Campbell, the applicant, and the County of San Bernardino, the defendant, over a lien filed by VQ OrthoCare. The defendant petitioned for reconsideration of the July 12, 2012 Findings and Order, in which the workers' compensation administrative law judge found that lien claimant VQ OrthoCare had satisfied its burden of proof under Labor Code section 46001; defendant's motion to strike was moot and otherwise denied for lack of service; and "the record fails to establish proper notice to applicant's attorney with regard to the dispute on medical treatment and the proceedings herein." The Workers' Compensation Appeals Board granted the Petition for Reconsideration, rescinded the July 12, 2012 Findings and
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ7236428
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.