Jeanne Mann vs. Aeroventure Club: Workers' Compensation Case

Aeroventure Club, Inc.; State Compensation Insurance Fund Jeanne Mann WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEANNE MANN, Applicantvs.AEROVENTURE CLUB, INC.; STATE COMPENSATION INSURANCE FUND, Defendant(s)MARIN SURGERY CENTER dba MARINCOSMETIC SURGERY CENTER, Lien claimantCase No.            SFO 0481476OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFI’ERRECONSIDERATION            Lien claimant Marin Surgery Center, Inc., doing business as Marin Cosmetic Surgery Center (MCSC) seeks reconsideration of the October 31, 2007 Findings, Award and Order of the workers’ compensation administrative law judge (WCJ), who denied MCSC’s lien based, in pertinent part, upon findings that, 1) “Lien Claimant Marin Surgery Center did not sustain its burden of poof to show that it was licensed by the Medical Board [of California] pursuant to the Health and Safety Code and Business and Professions Code,” 2) “Lien Claimant Marin Surgery Center did not sustain its burden of poof to show that the American Association for Accreditation of Ambulatory Surgery Facilities, Inc. [AAAASF], is an accrediting agency recognized/approved by the Medical Board as a proper accrediting agency” and 3) “Lien Claimant Marin Surgery Center did not sustain it burden of proof to show that it had a fictitious-name permit issued by the Medical Board.”            Prior to the lien trial, defendant paid $1,040 of MCSC ‘s $16,636 bill for providing services in connection with an approved liposuction procedure performed on applicant on October 23, , 2003, at MCSC’s facility. Thereafter, MCSC filed a lien claim for $15,462.85.1            Applicant’s claim of industrial injury to the left hip while working for defendant as a flight instructor on November 1, 2002, was earlier settled by a compromise and release approved by a different WCJ on November 16, 2006, for a lump sum payment of $84,000.            MCSC contends that it was not required to have either a license or a fictitious-na

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