World Super Services, Inc.; Travelers Insurance Company Moises Mendoza WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMOISES MENDOZA, Applicant,vs.WORLD SUPER SERVICES, INC.;TRAVELERS INSURANCE COMPANY, Defendants.Case No. ADJ3408326 (VNO 0551354)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant World Super Services and Travelers Insurance Company (defendant) seeks reconsideration of the Findings and Award (F&A) issued on October 26, 2012 by a workers’ compensation administrative law judge (WCJ). In that F&A, the WCJ found in pertinent part that lien claimant Precision Occupational Medical Group (lien claimant) was entitled to payment for treatment provided to applicant Moises Mendoza (applicant). Defendant contends in pertinent part that the WCJ erred because lien claimant did not sustain its burden of proof to show that the claimed treatment was 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 defendant’s petition for reconsideration, which recommends denial of the petition. 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 rescind the F&A and find that lien claimant is not entitled to reimbursement and return the matter to the trial level. , RELEVANT FACTS Applicant sustained injury to his left ankle on December 29, 2006 while employed as a laborer for defendant. The case was resolved by way of Stipulations with Request for Award (Stipulations), and an Award issued on August 12, 2009. The parties stipulated in pertinent part to injury to applicant’s left ankle and future medical treatment. No other body parts were claimed or referred to in the Stipulations. Applicant was treate
Moises Mendoza vs. World Super Services, Inc.; Travelers Insurance Company
(VNO 0551354)In this case, World Super Services and Travelers Insurance Company sought reconsideration of a Findings and Award issued by a workers' compensation administrative law judge. The WCJ found that lien claimant Precision Occupational Medical Group was entitled to payment for treatment provided to applicant Moises Mendoza. The Appeals Board granted the petition for reconsideration and rescinded the F&A, finding that lien claimant did not meet its burden of proof to show that the claimed treatment was reasonable and necessary. The matter was returned to the trial level and the lien claim was disallowed.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3408326
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