Southland Drywall Company; State Compensation Insurance Fund Gordon Adams WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGORDON ADAMS, Applicant,vs.SOUTHLAND DRYWALL COMPANY; STATE COMPENSATION INSURANCE FUND, Defendant(s),PREMIER OUTPATIENT SURGERY CENTER, INC., Lien claimant.Case No. SBR 0315782OPINION ANDDECISION AFTER RECONSIDERATION We previously granted the petition of lien claimant Premier Outpatient Surgery Center. Inc. (Premier) for reconsideration of the March 29, 2007 Findings and Order of the workers’ compensation administrative law judge (WCJ) wherein Premier’s lien was disallowed because it “did not use its full name as set forth in the Articles of Incorporation” and “did not have a fictitious business name permit for the name under which it operated.” Prior to the lien trial herein, defendant paid $1,020 of Premier’s $17,700 bill for services related to surgery on applicant’s right shoulder, leaving a claimed balance of $16.680. Applicant’s claim of industrial injury to various body parts while working as a drywall hanger for defendant on November 22. 1997, was earlier settled by a compromise and release approved by the WCJ on October 13, 2005, with a lump sum payment to him of $90.000, and defendant’s agreement to pay. adjust or litigate Premier’s lien. Premier contends that the issue of a fictitious business name statement pursuant to Business & Professions Code section 17910 was not raised by defendant before or at trial, and , that it was not required to have filed such a statement with the County Clerk or to have a fictitious-name permit from the Medical Board pursuant to Business & Professions Code section 2415(a). We will rescind the March 29. 2007 Findings and Order and return the matter to the trial level for further proceedings and decision regarding Premier’s lien claim. On April 28. 2003, applicant filed an Application for Adjudication of Claim alleging that he incurred industrial injur
Gordon Adams vs. Southland Drywall: Workers' Comp Case Overview
In this case, Gordon Adams, a drywall hanger, filed an application for adjudication of claim alleging that he incurred industrial injury to his neck, bilateral shoulders, low back, right hip and bilateral lower extremities when he fell off a ladder while hanging drywall. The claim was settled on October 13, 2005, when the WCJ approved a compromise and release wherein defendant agreed, in pertinent part, to pay, adjust or litigate Premier's lien. The lien was not settled by agreement and a pre-trial conference was conducted on May 24, 2006. At the subsequent trial on July 6, 2006, defendant filed a Petition to Dismiss Lien. The WCJ issued her March 29, 2007 Findings and Order dis
- Filed On:
- Court: California, San Bernardino
- Case No. SBR0315782
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.