Montebello Unified School District, permissibly self-insured and administered by York Risk Services Group, Inc., Maria Morales, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA MORALES,Applicant,vs.MONTEBELLO UNIFIED SCHOOL DISTRICT, permissibly self-insured and administered by YORK RISK SERVICES GROUP, INC.,Defendants.Case Nos. ADJ7511877ADJ7396932(Anaheim District Office)OPINION AND DECISION AFTER RECONSIDERATION The Appeals Board previously granted reconsideration of the August 30, 2016 Joint Findings and Order. This is our Decision After Reconsideration. In the August 30, 2016 Joint Findings and Order, the workers’ compensation administrative law judge (WCJ) found that applicant, while employed during the period October 1, 2009 to October 21, 2010 and on November 5, 2007 sustained an industrial injury to her cervical spine, lumbar spine, right hip, bilateral knees, and psyche. The WCJ also found that Monrovia Memorial Hospital (Monrovia) is entitled to nothing further than the $45,825.62 already paid by defendant on its lien, ordered that the remaining balance-on the lien be disallowed, and reserved jurisdiction on the issue of costs. Lien claimant Monrovia contends that the WCJ erred in finding that it was entitled to nothing further on its lien, arguing that the WCJ failed to admit into evidence or consider its Kunz study and by failing to admit the study into evidence, lien claimant was denied due process. Monrovia also argues that it provided evidence to support further payment and defendant’s expert relied on an erroneous standard. We have considered the Petition and we have reviewed the record in this matter. We have received a Report and Recommendation on Petition for Reconsideration (Report), from the WCJ recommending that the petition be denied. We have received an Answer and Request to Dismiss Petition for Reconsideration from Defendant filed January 23, 2017 after we granted reconsideration. For
Maria Morales, vs. Montebello Unified School District, Permissibly Self-insured And Administered By York Risk Services Group, Inc.,
In this case, the Montebello Unified School District, permissibly self-insured and administered by York Risk Services Group, Inc., was sued by Maria Morales for workers' compensation. The Appeals Board found that Morales sustained an industrial injury to her cervical spine, lumbar spine, right hip, bilateral knees, and psyche while employed by the school district. The Board also found that Monrovia Memorial Hospital was entitled to nothing further than the $45,825.62 already paid by the school district on its lien, and ordered that the remaining balance on the lien be disallowed. The Board affirmed the decision after reconsideration, finding that the fee must be reasonable and that the lien claimant had not provided adequate evidence
- Filed On:
- Court: Anaheim, California
- Case No. ADJ7511877
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