City Of Burbank; Permissibly Self-Insured Mark Raine WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARK RAINE, Applicant,vs.CITY OF BURBANK; Permissibly Self-Insured, Defendant(s).Case Nos. ADJ2652747 (VNO 0344824); ADJ3178119 (VNO 0349849); ADJ4566361 (VNO 0401733)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Lien claimant, Advanced Orthopedics, seeks reconsideration, or in the alternative, removal, of the “Order for Appointment of Independent Bill Reviewer**, issued August 25. 2010. wherein the workers’ compensation administrative law judge (WCJ) ordered: ‘‘Wendy Hardy shall be appointed as an independent bill reviewer in the above-captioned matter. Green Lien Collections shall draft the joint letter, inclusive of an itemization of all medical and/or bills, to be forwarded to Lien On Me within the next twenty (20) calendar days. Green I Jen Collections shall mail a copy of this order, the joint letter, itemization and all attached documents to [address given | City of Burbank shall be ordered to pay, adjust or litigate the outstanding balance of Wendy Hardy for her bill review services.” In the Report and Recommendation on Petition for Reconsideration/Removal (Report), the WCJ explained that the parties did not have sufficient evidence to resolve the lien claim of petitioner, that the parties failed to agree on a “bill review expert to determine payment pursuant to Official Medical Fee Schedule”, and appointed an independent bill review expert. Petitioner contends that the WCJ erred by ordering further development of the record arguing that there was “substantial evidence presented to resolve the issues presented for trial.” Lien claimant further argues that the order fails to set forth the “reasons or grounds upon which the determination was made” contrary to Labor Code section 5313. , Based upon our review of che record, we will dismiss lien claimant’s Petition
Mark Raine vs. City Of Burbank; permissibly Self-insured
(VNO 0344824); ADJ3178119 (VNO 0349849); ADJ4566361 (VNO 0401733) is a case involving lien claimant, Advanced Orthopedics, and the City of Burbank, Permissibly Self-Insured. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal, as the order issued was procedural in nature and did not present extraordinary circumstances justifying removal.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ2652747
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