Patton State Hospital / Department of Mental Health / State of California, legally uninsured, administered by State Compenation Insurance Fund Kimberly Stokes WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACase No. SBR 0311485KIMBERLY STOKES, Applicant, vs.PATTON STATE HOSPITAL / DEPARTMENT OF MENTAL HEALTH / STATE OF CALIFORNIA, legally uninsured,administered by STATE COMPENSATION INSURANCE FUND, Defendant,AMBULATORY SURGERY CENTER OF POMONA, Lien Claimant.OPINION AND DECISION AFTER RECONSIDERATIONINTRODUCTION We previously granted the petition for reconsideration of lien claimant, Ambulatory Surgical Center of Pomona (ASCP), of the June 28, 2006 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) disallowed ASCP’s lien claim based upon the sole finding that it “did not have a fictitious-name permit issued by the Division of Licensing of the Medical Board of California prior to rendering professional services.” Applicant’s claim of industrial injury to her neck, back and bilateral shoulders on August 5, 2002, while working for defendant as a Psychiatric Technician, was earlier addressed by an award of 32% permanent disability and future medical treatment issued pursuant to the parties’ stipulation on October 31, 2005 ASCP contends that because it is only claiming “facility fees” and not “professional fees” it did not need a fictitious-name permit from the Medical Board, and that it possessed all necessary licenses and accreditations required of a “Surgery Center” to support its billing. , We will rescind the decision of the WCJ and return the matter to the trial level for further proceedings to address whether ASCP is claiming to have provided medical treatment to applicant as a “clinic” that is required to have a fictitious-name permit and license from the Medical Board, or is claiming to have provided services as an “outpatient setting” that is not required to have a license or fict
