George Villarreal, vs. Amerisource Bergen Drug Company, Permissibly Self-insured,

(MON 0308877)This case is about George Villarreal's workers' compensation claim against Amerisource Bergen Drug Company. The Workers' Compensation Appeals Board denied the petition for reconsideration/removal and dismissed the petition for removal filed by Unitech Diagnostics, the lien claimant. The WCJ had previously found that Villarreal sustained an industrial injury to his knee, but not to his shoulder or wrist, and that Unitech Diagnostics was not entitled to reimbursement for the MRI of the shoulder. The WCJ also issued a Notice of Intention that if Unitech Diagnostics continued to impede the speedy resolution of its liens, then costs and sanctions would be imposed. The WCAB denied reconsideration and dismissed the

AMERISOURCE BERGEN DRUG COMPANY, permissibly self-insured, GEORGE VILLARREAL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGEORGE VILLARREAL, Applicant,vs.REMOVALAMERISOURCE BERGEN DRUG COMPANY, permissibly self-insured, Defendant(s).Case No. ADJ1358575 (MON 0308877)OPINION AND ORDERS DENYING RECONSIDERATION AND DISMISSING PETITIONS FOR REMOVAL            Lien claimant, Unitech Diagnostics (“petitioner”), has filed a petition for reconsideration/removal and a petition for removal in response to the “Findings and Order and Notice of Intention” of October 6, 2009, in which the workers’ compensation judge (WCJ) found that applicant sustained industrial injury to his knee on April 20, 2003 but did not claim or sustain injury to his left shoulder or right wrist as a compensable consequence thereof, that because there was no injury to the shoulder and services were provided prior to the filing of any claim, reimbursement for the MRI of the shoulder is disallowed, that defendant is not liable for the MRI of the left knee per Labor Code section 4682(e), that defendant timely objected to the lien filed January 28, 2004, and that Otis v. City of Los Angeles (1980) 45 Cal. Comp. Cases 1132 does not apply. In addition, the WCJ issued a statement that “Unitech Diagnostics should be placed on notice that costs and sanctions will be imposed if it continues to take the untenable position that the Official Medical Fee Schedule [OMFS] does not apply to its MRIs.” In addition, the WCJ issued a Notice of Intention (NIT) that “if Unitech Diagnostics.. .continues to impede the speedy resolution of its liens by taking the untenable position that the [OMFS] does not apply, then costs and sanctions will be imposed pursuant to Labor Code section 5813.”/// ,             In its petition for reconsideration/removal, petitioner contends, in substance, that its right to due process was violated, that petitioner’s charges constitute valid medical-legal charges, that defendant is prohib

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