City Of Fremont; York Insurance, Jessica Senquiz, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSICA SENQUIZ,Applicant,vs.CITY OF FREMONT; YORK INSURANCE,Defendants.Case No. ADJ5829433(Oakland District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted reconsideration to further study the issues presented by this case. This is our Decision After Reconsideration. In the August 25, 2017 Findings and Order, the workers’ compensation administrative law judge. (WCJ) found that, on January 26, 2015 and July 22, 2015, authorized transforaminal epidural steroid injections were performed by lien claimant Fremont Surgery Center. The WCJ also found that defendant, through the bill review process, refused to pay for two of the three levels injected for each date of service. The WCJ found that this dispute was not subject to independent bill review (IBR) and that the WCAB has jurisdiction. The WCJ deferred all other issues. Defendant contends that the WCJ erred in finding that the WCAB has jurisdiction over this dispute, arguing that the sole dispute is the amount payable under the official medical fee schedule (OMFS) which is a dispute subject to IBR. Defendant argues that Fremont Surgery Center’s lien should be dismissed because lien claimant failed to timely seek IBR. Defendant also contends that it properly objected to lien claimant’s bills based on incorrect coding, arguing that the bills did not comply with the National Correct Coding Initiative (NCCI) and that NCCI applies to billing pursuant to the OMFS. We have considered the Petition and we have reviewed the record in this matter. We have received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending that the petition be denied. For the reasons set forth below, we will rescind the WCJ’s decision and issue a new decision finding that the dispute is subject to IBR. , BACKGROUND Applicant sust
