Jan Manning, vs. Caldwell Resurfacing, Inc.; State Compensation Insurance Fund,

(FRE 0224855)This case is about Jan Manning, an employee of Caldwell Resurfacing, Inc., who sustained an industrial injury to her left knee on January 9, 2004. The employer referred a request for a third surgery on the knee to utilization review and authorized the surgery based on the utilization review report. However, a dispute developed between the medical provider and the employer as to whether the employer should pre-pay for the biological tissues. The Workers' Compensation Appeals Board granted reconsideration and amended the decision to defer the issue of the necessity of pre-payment for biological tissue and to defer the issue of the reasonableness of the costs for biological tissue. The matter was returned to the trial level workers' compensation administrative law judge for

CALDWELL RESURFACING, INC.; STATE COMPENSATION INSURANCE FUND, JAN MANNING, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAN MANNING, Applicant,vs.CALDWELL RESURFACING, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2556948 (FRE 0224855)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award issued on March 2, 2009, by the workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant, while employed as a floor sealer on January 9, 2004, sustained an industrial injury to her left knee. Defendant referred a request for a third surgery on applicant’s left knee to utilization review (UR) and authorized the surgery based on the utilization review report. The WCJ also found that defendant was liable for biological tissues pursuant to Labor Code section 4600.1            Defendant contends that the WCJ erred in finding that it was liable to pre-pay for biological tissues for applicant’s left knee surgery above and beyond an amount authorized by the Official Medical Fee Schedule (OMNS), arguing that “the real issue is whether or not the medical provider can force the medical system of treatment and pursuant to Labor Code Section 4600 and Labor Code Section 4603.2 to reverse itself and require defendants to agree to amounts before procedures are performed.” Defendant contends that medical services are properly reimbursed after provision of medical treatment, arguing that medical providers may file a lien in the event of a dispute.            We have considered defendant’s petition for reconsideration and have reviewed the record in this matter. Applicant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. 1Unless otherwise stated, all further statutory references are to the Labor Code. ,             For the reasons discussed below, we wil

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