Maricela Arellano, vs. Telacu; State Compensation Insurance Fund,

(LAO 0803808)This case involves a dispute between lien claimant Tarzana Surgery Center, represented by CMS Network, Inc., and defendant State Compensation Insurance Fund over the reasonable outpatient surgery fee for lien claimant's lien. The Workers' Compensation Appeals Board granted the Petition for Reconsideration and affirmed the Findings and Order issued by a workers' compensation administrative law judge, finding that the reasonable outpatient surgery fee for lien claimant's lien was $20,181.00 and ordering defendant to pay that amount less credit for sums previously paid in the amount of $12,624.55, for a net recovery of $7,556.45. The Board also amended the decision to include findings regarding the

TELACU; STATE COMPENSATION INSURANCE FUND, MARICELA ARELLANO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARICELA ARELLANO, Applicant,vs.TELACU; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ196150 (LAO 0803808)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Tarzana Surgery Center through its representative CMS Network, Inc. (hereafter “petitioner” or “lien claimant”) seeks reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on May 1, 2009. In that decision, the WCJ found that the reasonable outpatient surgery fee for lien claimant’s lien was $20,181.00. The WCJ ordered defendant to pay that amount less credit for sums previously paid in the amount of $12,624.55, for a net recovery of $7,556.45. The WCJ further ordered that interest and penalty were to be adjusted by the parties, with jurisdiction reserved. Applicant’s underlying workers’ compensation claim for injury to her neck, back, bilateral knees and lower extremities, and internal and psychological systems was resolved by way of Compromise and Release in the total sum of $66,000.00, approved January 30, 2007.            In its Petition for Reconsideration, lien claimant contends that the WCJ erred in applying the study conducted by the Commission on Health and Safety and Workers’ Compensation (CHSWC) as it is only a study of various web sites in various states and it contradicts the Appeals Board’s decisions in Tapia v. Skill Master Staffing (2008) 73 Cal.Comp.Cases 1338 (Appeals Board en banc) and Kunz v. Patterson Floor Coverings, Inc. (2002) 67 Cal.Comp.Cases 1588 (Appeals Board en banc). Petitioner argues that its own comparative study of 16 facilities , (Exhibit 16) is the only evidence that shows actual acceptance of fees by the surgery centers. Petitioner contends that the WCJ erred in reducing its lien where defendant, which is objecting to petitioner’s

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