LOMA LINDA UNIVERSITY MEDICAL 8 CENTER, Permissibly Self-Insured, MARGARET BURRITT, WORKERS’ COMPENSATION APPEALS BOARD2 STATE OF CALIFORNIAMARGARET BURRITT, Applicant,vs.LOMA LINDA UNIVERSITY MEDICAL8 CENTER, Permissibly Self-Insured, Defendant.Case No. ADJ3706355 (SBR 0325974)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION[justify]Lien claimant Premier Outpatient Surgery Center (“Premier”) seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Orders of October 10, 2008, wherein, as relevant to the instant petition for reconsideration, the WCJ found that Premier had been adequately compensated for its services, and therefore disallowed Premier’s lien. Previously, by way of a stipulated award dated January 28, 2005, it was found that, while employed as an imaging specialist during a cumulative period ending on August 8, 2001, applicant sustained industrial injury to her bilateral shoulders, causing permanent disability of 12%, and the need for further medical treatment. Premier’s lien claim sought $13,372.48, the difference between the $18,765 it billed for facility fees related to a December 17, 2002 procedure, and the $5,392.52 paid by the defendant.[/justify][justify][/justify][justify]Lien claimant contends that the WCJ erred in disallowing its lien. We have not received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). In the Report, the WCJ recommends that we deny the lien claimant’s petition for reconsideration. In addition, the WCJ recommends that we “consider imposing sanctions against [lien claimant’s representative] CMS Network, Inc. for continuing to make the same erroneous legal assertions in its petitions for reconsideration that defendant bears the initial burden of proving the unreasonableness of a lien.” (Report at p. 9.)[/justify] , [justify]For the reasons stated by the WCJ in her Report, which we hereby adopt and incorporate, we will deny lien
Margaret Burritt, vs. Loma Linda University Medical 8 Center, Permissibly Self-insured,
(SBR 0325974) is a case in which lien claimant Premier Outpatient Surgery Center sought reconsideration of a workers' compensation administrative law judge's ("WCJ") Findings and Orders of October 10, 2008, wherein the WCJ found that Premier had been adequately compensated for its services and disallowed Premier's lien. The WCJ recommended that sanctions be imposed against lien claimant's representative, CMS Network, Inc., for continuing to make the same erroneous legal assertions in its petitions for reconsideration. The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration and declined to impose sanctions at this time.
- Filed On:
- Court: California, San Bernardino
- Case No. ['ADJ3706355']
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