XP FORESIGHT ELECTRONICS, INC.; LUMBERMANS MUTUAL CASUALTY COMPANY, Adjusted By BROADSPIRE, a CRAWFORD COMPANY, NANCY ANN WILLIAMSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANANCY ANN WILLIAMSON, Applicant,vs.XP FORESIGHT ELECTRONICS, INC.; LUMBERMANS MUTUAL CASUALTY COMPANY, Adjusted By BROADSPIRE, a CRAWFORD COMPANY, Defendant.Case Nos. ADJ3231538 (SJO 0237619)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on January 27, 2009, wherein the WCJ found that the reasonable value of the lien of Bascom Surgery Center (lien claimant), was $7,243.35, less credit to defendant for sums previously paid. Pursuant to Labor Code section 4603.2(b),1 the WCJ also found that the amounts due to lien claimant for unpaid charges shall be increased-by 15%, together with interest at the legal rate of 10%, retroactive back to the date of receipt of itemization. In the underlying matter, the WCJ previously found, based on the parties’ stipulations, that applicant, while employed on July 15, 2002, sustained industrial injury to her bilateral wrists and thoracic spine. Defendant contends that the WCJ erred in finding that reasonable value of lien claimant’s lien was $7,243.35, arguing that the WCJ failed to follow the guidelines set forth in Tapia v. Skill Master Staffing (2008) 73 Cal.Comp.Cases 1338 (Appeals Board en banc) (Tapia). Defendant contends that lien claimant’s witness was biased and was not credible as to what fees are accepted by other surgery centers. Defendant contends that lien claimant’s charges were unreasonable on 1Unless otherwise stated, all further statutory references are to the Labor Code. , their face, and that the fees awarded to lien claimant are unsupported by defendant’s expert witness evidence. Defendant contends the WCJ erred in awarding interest and penalties, arguing
Nancy Ann Williamson, vs. Xp Foresight Electronics, Inc.; Lumbermans Mutual Casualty Company, Adjusted By Broadspire, A Crawford Company,
(SJO 0237619)In this case, Nancy Ann Williamson was injured while employed on July 15, 2002 and sought workers' compensation. The Workers' Compensation Appeals Board granted reconsideration to amend a clerical error in the January 27, 2009 decision to reflect an increase of 10%, not 15%, in the amount due to the lien claimant, and otherwise affirmed the January 27, 2009 Findings and Award. Interest and penalties were also awarded to the lien claimant.
- Filed On:
- Court: California, San Jose
- Case No. ADJ3231538
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