City Of Oceanside, Permissibly Self- Insured Norma Gilley WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANORMA GILLEY, Applicant,vs.CITY OF OCEANSIDE, Permissibly Self- Insured, Defendant,ACCESS MEDIQUIP, LLC, Lien claimant.Case No. ADJ7099047OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Access Mediquip. LLC, (Access) seeks reconsideration of the September 22,2010 Findings and Order of the workers’ compensation administrative law judge (WCJ), whodisallowed its $17.685,00 lien claim for medical devices implanted into applicant’s right kneebased upon the finding that the $4.908.46 defendant earlier paid to a different lien claimant. LaJolla Orthopedic Surgery Center (UOSC). “included the value of devices implanted into theemployee.” Prior to the lien trial, IJOSC accepted payment from defendant of $*1.908.46 in fullsatisfaction of its lien claim of S26.500.ÍX) for services it provided in connection with the rightknee medial compartmental arthroplasty surgery’ performed on applicant at the IJOSC facility onNovember 12, 2008. Applicant’s claim of industrial injury to both her knees while working as a seasonal recreational leader for defendant on May 15. 2006, was earlier addressed by entry of a stipulated award of 15% permanent disability and future medical treatment as approved by the WCJ on March 16,2009. , Lien claimant contends that the WCJ failed to apply a “contract” it claims to have with defendant for providing the medical devices, and that it was error for the WCJ to exclude four of its exhibits from evidence at trial. We grant reconsideration and as our decision after reconsideration rescind the September 22, 2010 decision. The case is returned to the trial level for development of the record, further proceedings, and a new decision by the WCJ regarding the Access lien claim. Although lien claimant’s contention that it has an enforceable contract with defendant
Norma Gilley vs. City Of Oceanside, Permissibly Self- Insured
In this case, the City of Oceanside was permissibly self-insured and was found to be liable for the medical devices implanted into the applicant's right knee. The Workers' Compensation Appeals Board granted reconsideration and rescinded the September 22, 2010 decision, returning the case to the trial level for development of the record, further proceedings, and a new decision by the WCJ regarding the Access lien claim.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7099047
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