Huxtables Kitchen, Inc. as administered by Insurance Company Of The West Miguel Bautista WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIGUEL BAUTISTA, Applicant, vs. HUXTABLES KITCHEN, INC. as administered by INSURANCE COMPANY OF THE WEST, Defendants.Case No. ADJ6733687 (Van Nuys District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Huxtables Kitchen, Inc., as administered by Insurance Company of the West (defendant) seeks reconsideration of the Findings of Fact, Award & Order (F&A) issued on January 9, 2013 by a workers’ compensation administrative law judge (WCJ). In that F&A, the WCJ found in pertinent part that lien claimant Frontier Medical Associates was entitled to payment on its lien. The WCJ also ordered that lien claimant’s evidence of its prescriptions (Exhibits 7 through 16) was inadmissible. Defendant contends in pertinent part that the WCJ erred because the decision was not based on the evidence and because lien claimant did not meet its burden to show that the prescriptions dispensed to applicant Miguel Bautista were reasonable and necessary. We have not received an answer from lien claimant. We received a Report and Recommendation (Report) from the WCJ in response to the Petition for Reconsideration, which recommends that defendant’s petition be denied. We have reviewed the record and considered the allegations of the petition for reconsideration and the contents of the Report. Based on our review of the record and for the reasons discussed below, we will grant defendant’s petition for reconsideration, rescind the F&A, and return the matter to the WCJ for further proceedings as appropriate and a new decision consistent with this opinion. , RELEVANT FACTS Applicant was employed as a packer for defendant and sustained injury on November 25, 2008 to his neck and shoulder; he also claimed injury to his upper extremities. The c
Miguel Bautista vs. Huxtables Kitchen, Inc. As Administered By Insurance Company Of The West
In this case, Huxtables Kitchen, Inc. as administered by Insurance Company of the West sought reconsideration of a Findings of Fact, Award & Order issued by a workers' compensation administrative law judge. The WCJ found that lien claimant Frontier Medical Associates was entitled to payment on its lien, but ordered that lien claimant's evidence of its prescriptions was inadmissible. The Appeals Board granted the petition for reconsideration, rescinded the F&A, and returned the matter to the WCJ for further proceedings as appropriate and a new decision consistent with this opinion. The Appeals Board found that lien claimant did not meet its burden to show that the medications were reasonable and necessary for treatment of applicant's injuries and that the F&
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ6733687
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