Joseph Bueno vs. American Fire Systems: Workers' Comp Case Summary

In this case, Joseph Bueno, an employee of American Fire Systems, was injured while on the job and settled his claim with the defendant for 45.5% permanent disability and future medical treatment. The lien claimant, Bay Surgery Center, claimed a balance of $15,710 for facility fees and charges incurred when arthroscopic surgery was performed on applicant’s knee. The defendant argued that the lien should be disallowed because the lien claimant did not have a fictitious-name permit from the Medical Board of California. The Workers' Compensation Appeals Board affirmed the decision of the WCJ, finding that the lien claimant had met its burden of proof by showing that it was properly licensed and did not need a fictitious

“American Fire Systems And State Compensanon Insurance Fund Joseph Bueno WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH BUENO, Applicant,vs.AMERICAN FIRE SYSTEMS and STATE COMPENSATION INSURANCE FUND, Defendant,BAY SURGERY CENTER, Lien claimant.Case No. STK 0189570OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant’s petition for reconsideration of the December 8, 2006 Findings of Fact and Orders of the workers’ compensation administrative law judge (WCJ), wherein it was found in pertinent part that lien claimant, Bay Surgery Center (BSC), “has sustained its burden of proof that it has complied with applicable statutes regarding the requirement to have a fictitious name permit in existence on 05/07/03” and allowed $10,838,43 as a reasonable amount for facility fees and charges incurred when arthroscopic surgery was performed on applicant’s knee at BSC on that date. BSC had earlier billed $17,600, and defendant had paid $1,890, leaving a balance of $15,710 claimed by BSC at the time of the lien trial. Applicant’s claim of industrial injury to his knees and back while employed by defendant on February 20,2003, was earlier settled on June 29, 2005, by entry of a stipulated award of 45.5% permanent disability and future medical treatment. As part of the stipulations, defendant agreed to hold applicant harmless from BSC’s lien claim.            Defendant’s sole contention is that the WCJ should have disallowed BSC’s entire lien claim because it did not have a fictitious-name permit from the Medical Board of California (Medical Board). ,             Fallowing the order granting reconsideration, BSC attempted to file a “supplemental petition” in response to that order and defendant sought to file an objection to the “supplemental petition.” However, BSC did not request to file the “supplemental petition” and its filing was not approved by the Appeals Board. Accordingly, the “supplemental petition” was not accepted for fili

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