Joanna Wright vs. Safeway Inc., Permissibly Self-insured

This case is about Safeway Inc., Permissibly Self-Insured, and lien claimant Joanna Wright. The lien claimant, a panel qualified medical examiner, Peter Thibodeau, D.C., sought reimbursement for his November 8, 2006 medical-legal report. The workers' compensation administrative law judge allowed the lien claimant the sum of $3,000.00 as the reasonable value of his report. The lien claimant argued that his report should be calculated as an ML 104 and he should be reimbursed $17,375.00 for more than 70 hours he spent preparing the report. The workers' compensation appeals board denied the lien claimant's petition for reconsideration, granted the defendant's petition for reconsideration,

Safeway Inc., Permissibly Self-Insured Joanna Wright WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOANNA WRIGHT, Applicant,vs.SAFEWAY INC., Permissibly Self-Insured, Defendants.Case No. SAL 117606OPINION AND ORDERS DENYING LIEN CLAIMANT’S PETITION FOR RECONSIDERATION, GRANTING DEFENDANT’S PETITION FOR RECONSIDERATION, AND DECISION AFTER RECONSIDERATION             Lien claimant, panel qualified medical examiner (QME). Peter Thibodeau. D.C. (lien claimant), and defendant each seek reconsideration of the November 6, 2007 Findings and Order wherein the workers’ compensation administrative law judge (WCJ) allowed lien claimant the sum of $3.000.00 as the reasonable value of his November 8, 2006 medical-legal report. Lien claimant billed defendant $17,375.00 for his report, defendant paid $750.00, and lien claimant filed a lien for $16,625.00. In the underlying matter, the parties stipulated that applicant, while employed as a GMC clerk on November 10, 2004, sustained an industrial injury. The actual body parts injured are disputed, but not an issue on reconsideration.            Lien claimant contends that the WCJ erred in allowing only the sum of $3,000.00 for his report, arguing that his report should be calculated as an ML 104 and he should be reimbursed $17.375.00 for more than 70 hours he spent preparing the report. Lien claimant argues in essence that the time he spent was justified because defendant requested that he address all health issues and apportionment, he reviewed over 1000 pages of medical records, and he had to consider whole person impairment (WP1) as it related to applicant’s complex medical history and to issues of permanent disability, apportionment and medical treatment. Defendant filed an answer. ,             Defendant contends the WCJ ened in ordering it to reimburse lien claimant the sum of $ï,000.00 for his November 8, 2006 medical-legal report, arguing that the WCJ should have issued an award in favor of lien claimant consistent

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