Josephine Mirano vs. A&B Malibu Plumbing: California Insurance Case

This case is about a worker's compensation claim filed by Josephine Mirano against A&B Malibu Plumbing and California Insurance Company as administered by Applied Risk Services, Inc. The worker's compensation administrative law judge issued a Findings and Order disallowing the liens of lien claimants California Pharmacy Management and Long Beach Prescription Pharmacy and lien claimant Ainbinder Orthopedic Medical Access Group. The lien claimants filed Petitions for Reconsideration, and the Board granted reconsideration. After reviewing the record, the Board affirmed the Findings and Order, except that the Board amended the Findings and Order to defer the issue of Dr. Ainbinder's lien and return the matter to the WCJ for

A&B Malibu Plumbing; California Insurance Company as administered by Applied Risk Services, Inc. Josephine Mirano WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPHINE MIRANO, Applicant,vs.A&B MALIBU PLUMBING; CALIFORNIAINSURANCE COMPANY as administered byAPPLIED RISK SERVICES, INC., Defendants.Case No. ADJ134197 (AIM 0127159) OPINION AND DECISION AFTER RECONSIDERATION            Lien claimants California Pharmacy Management and Long Beach Prescription Pharmacy (collectively, lien claimant CPM) and lien claimant Ainbinder Orthopedic Medical Access Group1 each filed separate Petitions for Reconsideration of the Findings and Order (F&O) issued in this case by a workers’ compensation administrative law judge (WCJ) on June 4, 2012. We granted reconsideration on August 27, 2012 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            In the F&O, the WCJ found in pertinent part that lien claimants’ medical treatment was not reasonable and necessary to cure and relieve applicant Josephine Mirano (applicant) from the effects of her industrial lumbar spine injury and disallowed the liens.2 Lien claimant CPM contended that its medical treatment was reasonable and necessary. Lien claimant Dr. Ainbinder contended that he was applicant’s primary treating physician and that his medical treatment was necessary.\\\ 1             Applicant was treated by Dennis Ainbinder, M.D. For clarity, we will refer to this lien claimant as Dr. Ainbinder.2             The WCJ also disallowed the liens of Acurehab, Inc., Physical Medicine Institute, Lavi Spine & Orthopedic, Physical Medicine Institute, and Jam Medical Institute. ,             We did not receive an answer from defendant or any other party, We received a Report and Recommendation (Report) in response to the Petitions for Reconsideration from the WCJ, which recommended that both petitions be denied.            We have reviewed the record and considere

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