Foreston Trends, Inc.; State Compensation Insurance Fund Juana Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUANA HERNANDEZ, Applicant,vs. FORESTON TRENDS, INC.; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. LAO 0833666; VNO 0481174OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Lien claimant, Di Neuro Diagnostic, Inc., seeks reconsideration of the Order, issued October 12, 2007, in which a workers’ compensation administrative law judge (WCJ) denied its lien for medical treatment expenses incurred on September 22,2003. The WCJ concluded that its bill was not properly submitted in accordance with the requirements set forth in Administrative Director’s Rule 9792.5(c), and further that the medical treatment was rendered while defendant still had control over applicant’s medical treatment. For the reasons set forth below, we shall grant reconsideration, rescind the WCJ’s Order and return this matter to the trial level for further proceedings on the reasonableness and necessity for the medical treatment rendered by lien claimant.Background Applicant, Juana Hernandez, initially filed an Application for Adjudication of Claim, dated August 18,2003, through attorney Alisssa Masciarella, claiming she sustained a specific injury on August 11, 2003, to her lower back, right arm, right shoulder and left foot. This case was designated LAO 0833671. She subsequently changed attorneys to Joseph Ha, who filed a second Application for Adjudication of Claim in the same case on October 20, 2003, for the same date of , injury. No further action is reflected in that case file. On On September 17, 2003, applicant obtained another attorney, Iglow & Bachrach, who on September 22, 2003, served another Application for Adjudication of Claim for the same date of injury, August 11, 2003, to the left foot, right arm, back, neck, shoulders and headaches. This case was designated LAO 0833666. Acc
Juana Hernandez vs. Foreston Trends, Inc.; State Compensation Insurance Fund
In this case, Juana Hernandez filed an Application for Adjudication of Claim for a specific injury on August 11, 2003, to her lower back, right arm, right shoulder and left foot. The case was designated LAO 0833666 and VNO 0481174. Hernandez settled her claims by Compromise and Release Agreement for $33,000.00, including a claim for a cumulative trauma injury from August 2002 to August 18, 2003, to her left foot, right arm, back, neck shoulders, headaches, stress, depression and anxiety, while employed as a packer by Foreston Trends. Lien claimant, Di Neuro Diagnostic, Inc., sought payment of an outstanding balance of $6,984.52
- Filed On:
- Court: California, Los Angeles
- Case No. LAO0833666
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