Garden Grove Unified School District, Permissibly Self-Insured Mark Thompson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARK THOMPSON, Applicant,vs.GARDEN GROVE UNIFIED SCHOOLDISTRICT, Permissibly Self-Insured, Defendants.Case No. ADJ309771 (AHM 0081549)OPINION AND DECISION AFTER RECONSIDERATION We granted lien claimant California Specialty Surgery (lien claimant)’s Petition for Reconsideration on September 11, 2012 to further study the factual and legal issues in this case and to issue notices of intention to sanction (NIT) lien claimant and lien claimant’s representatives Gilbert Rivera and Medical Business Office, Inc., and defendant Garden Grove Unified School District and defendant’s attorneys Maureen A. Hatchell Levine and The Law Offices of Kennith Peterson. This is our Opinion and Decision After Reconsideration. Lien claimant sought reconsideration of the Findings & Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on June 18, 2012. In pertinent part, the WCJ determined the amount of the reasonable value of the services provided by lien claimant and overruled lien claimant’s objection to the testimony of the independent bill reviewer. Lien claimant contended that the WCJ had sufficient evidence to render a decision after the first day of trial, without the evidence by the independent bill reviewer, and should have done so before allowing that evidence; that lien claimant met its burden of proof after the first day of trial to show that its claimed fees were reasonable; that defendant had the burden of proof to show lien claimant’s fees were unreasonable; that the WCJ assigned the bill reviewer, and the bill reviewer was not qualified or certified; and, that the WCJ should not have admitted the bill reviewer’s certifications. , We received an answer from defendant. We received a Report and Recommendation on Reconsideration (Report) from the WCJ in response to the Petitio
Mark Thompson vs. Garden Grove Unified School District, Permissibly Self-Insured
(AHM 0081549)This case is about a lien claimant, California Specialty Surgery, who sought reconsideration of the Findings & Order issued by the workers' compensation administrative law judge on June 18, 2012. The lien claimant argued that the WCJ had sufficient evidence to render a decision after the first day of trial, without the evidence by the independent bill reviewer, and should have done so before allowing that evidence. The WCJ's Report recommended denial of lien claimant's petition and the Workers' Compensation Appeals Board affirmed the F&O and imposed sanctions jointly and severally against lien claimant and lien claimant's representatives of $900.00 for bad-faith actions and tactics which were frivolous or solely intended to cause
- Filed On:
- Court: Anaheim, California
- Case No. ADJ309771
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