PM GLOVES, INC.; STATE COMPENSATION INSURANCE FUND, LILIAN SOTO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALILIAN SOTO, Applicant,vs.PM GLOVES, INC.; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case Nos. ADJ1083014 (POM 0275607)ADJ4477705 (POM 0275608)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER STATE RECONSIDERAITON Lien claimant, Key Health- Medical Group (“petitioner”) seeks reconsideration of the Finding and Order of March 18, 2009, in which the workers’ compensation judge (WCJ) disallowed petitioner’s lien for failure to satisfy the requirements of Labor Code section 5703. Petitioner contends, in substance, that the WCJ should have relied on Labor Code section 4626, not Labor Code section 5703. on our review of the record and applicable law, we will grant reconsideration and reverse the WCJ’s decision. As noted in the WCJ’s Report and Recommendation, applicant sustained industrial injury to her back, spine, neck and internal systems on December 10, 2002, and during the period December 10, 2002 to September 5, 2003. Applicant’s claim was settled by Compromise and Release (C&R) in the amount of $15,000.00, approved on March 7, 2006. The lien of petitioner, an MRI in the amount of $640.00, remained outstanding and proceeded to trial on January 20, 2009. There the parties stipulated, in relevant part, that the back was accepted as a body part injured, and that the fee schedule for the services in question, an MRl of the lumbar spine, is $608.00. Petitioner’s trial exhibits show that applicant was referred for the MRL in question by the treating physician, a chiropractor named Dr. McClellan, on or about February 25, 2004, that , the MRI of the lumbar spine was performed at Riverside MRI Center on March 5, 2004, and that the MRI was interpreted by one Dr. Lauder. The MRI was normal. Defendant offered one item of evidence, an objection letter dated March 24, 2004. The objection stated, in
Menu
