INTESYS TECHNOLOGIES, INC.; BROADSPIRE, MARIA DEL CARMEN CEJA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA DEL CARMEN CEJA, Applicant,vs.INTESYS TECHNOLOGIES, INC.;BROADSPIRE, Defendants.Case Nos. ADJ3141261 (LAO 0814644)ADJ3582498 (LAO 0815914)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Sidhu Chiropractic, Inc. seeks reconsideration of a workers’ compensation administrative law judge’s Finding of November 20, 2008, wherein it was found that “(Labor Code] Section 4604.5 applied to lien claimant’s charges and therefore lien claimant cannot be paid/reimbursed for treatment which exceeds 24 visits.” Previously in these matters, pursuant to a Compromise & Release approved on October 17, 2005, in exchange for $21,000, applicant settled her claims that while employed as a laborer on August 19, 2002 (LAO0815914) and during a cumulative period from February 2001 to July 1, 2001 (LAO 0814644) she sustained industrial injury to her neck, back, bilateral shoulders, and hips. Pursuant to the Compromise & Release. defendant agreed to pay, adjust, or litigate all outstanding liens, including the lien of Sid1hu Chiropractic. According to lien claimant’s verified petition for reconsideration, it billed $11,910.63 for chiropractic treatments from September 12, 2002 to September 12, 2003. 1 Defendant paid $1,557.49, leaving an outstanding balance of $10,353.13. Lien claimant contends that the WCJ erred in finding that it cannot be paid for treatment exceeding 24 chiropractic visits. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. As explained below, the WCJ erred in finding that the lien claimant could be paid for only 24 treatments. We will therefore grant reconsideration, rescind the Finding of November 20, 2008, , and return this matter to the WCJ for further proceedings and decision on the reasonableness of Sidhu Ch
Maria Del Carmen Ceja, vs. Intesys Technologies, Inc.; Broadspire,
: In this case, lien claimant Sidhu Chiropractic, Inc. sought reconsideration of a workers' compensation administrative law judge's Finding of November 20, 2008, wherein it was found that Labor Code Section 4604.5 applied to lien claimant's charges and therefore lien claimant could not be paid/reimbursed for treatment which exceeded 24 visits. The WCJ erred in finding that the lien claimant could be paid for only 24 treatments, as the limitation to 24 chiropractic visits applies only to injuries occurring on or after January 1, 2004. The case was returned to the WCJ for further proceedings and decision on the reasonableness of Sidhu Chiropractic's lien.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3141261
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