Eloise Chavez vs. El Monte School District, Permissible Self-insured


EL MONTE SCHOOL DISTRICT, permissible self-insured ELOISE CHAVEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELOISE CHAVEZ, Applicant,vs.EL MONTE SCHOOL DISTRICT, permissible self-insured, Defendants,STEPHEN SVASTITS, D.C., Lien Claimant.Case No. ADJ6921854ADJ6969492(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Stephen Svastits, D.C., seeks reconsideration of the July 11, 2014 Findings Of Fact of the workers’ compensation administrative law judge (WCJ) who found, as stipulated by defendant, that applicant sustained industrial injury to her right knee, low back and in the form of hypertension while employed as an instructional aide on December 4, 2008.1            The WCJ further found that defendant, “had a valid Medical Provider Network [MPNJ under which Applicant received medical treatment.”            Lien claimant contends that the evidence shows that defendant neglected or refused to provide applicant with reasonable medical treatment in its MPN, and that the WCJ should have found defendant liable for medical treatment self-procured by applicant from lien claimant outside of the MPN.            An Answer was received from defendant. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied. 1 “Advanced Chiropractic Rehab Clinic” is also identified as a petitioning lien claimant in the Petition For Reconsideration,but that entity is not identified as a party in the March 4, 2014 Minutes of Hearing and there is no record of its appearance at the lien trial on that date. For these reasons, Advanced Chiropractic Rehab Clinic is not identified as a party herein. ,             Reconsideration is granted and the July 11, 2014 decision of the WCJ is affirmed, but the case is returned to the trial level for additional findings. The WCJ correctly found that defendant had a valid MPN and lien claim

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