SCI Tek Staffing; Chartis Juan Ramos STATE OF CALIFORNIAJUAN RAMOS, Applicant,vs.SCI TEK STAFFING; CHARTIS, Defendants.Case No. ADJ7303543 (Oakland District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and we have reviewed the record in this matter. The WCJ’s decision of January 28, 2013 is inconsistent with the recent case of Enriquez v. Couto Dairy (March 28, 2013) 2013 Cal. Wrk. Comp. LEXIS 44 [78 Cal.Comp.Cases — ](Appeals Board en bane), wherein the Board held: (1) neither Article III, section 3.5 of the California Constitution nor Labor Code section 5307.1 prevents the Appeals Board from finding preemption of Administrative Director (AD) Rule 9789.70, which contains the Official Medical Fee Schedule (OMFS) for air ambulance services; (2) the Airline Deregulation Act (ADA) preempts AD Rule 9789.70 if the lien claimant for air ambulance services is an “an air carrier that may provide air transportation” within the meaning of the preemption provision of the ADA; and (3) the air ambulance provider has the burden of showing it is an “an air carrier that may provide air transportation” within the meaning of the preemption provision of the ADA, including showing that it is authorized to provide interstate air transportation. Accordingly, we will grant reconsideration, rescind the WCJ’s decision, and return this matter to the trial level for further proceedings and new decision by the WCJ, consistent with Enriquez.//////////// , For the foregoing reasons, IT IS ORDERED that reconsideration of the decision of January 28, 2013 is GRANTED. IT IS FURTHER ORDERED that as the Decision After Reconsideration, the decision is RESCINDED, and this matter is RETURNED to the trial level for further proceedings and new decision by the WCJ, consistent with this opinion.WORKERS’ COMPENSATION APPEALS BOARD
