COUNTY OF SAN BERNARDINO, Permissibly Self-Insured PATRICIA BEAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA BEAN, Applicant,vs.COUNTY OF SAN BERNARDINO, Permissibly Self-Insured, Defendant.Case No. ADJ202215 (AHM 0140435)(San Bernardino District Office)OPINION AND ORDERS GRANTING PETITION FOR REMOVAL; DISMISSINGRECONSIDERATION; AND DECISION AFTER REMOVAL Defendant seeks reconsideration of, and alternatively requests removal regarding, the April 30, 2012 Findings and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ deferred the issue of pending medical treatment liens and, essentially, took the matter off calendar ordering further development of the record. The parties previously settled this claim, along with three others claims, by a May 10, 2011 Stipulated Award providing that applicant sustained industrial injury to her right knee, right ankle, and lumbar spine while employed as a respiratory therapist on September 20, 2006 causing 22% permanent disability and need for further medical treatment. As part of the Stipulations with Request for Award, the parties stipulated that “APPLICANT AGREES TO DISMISS WITH PREJUDICE THE PSYCHE, ANXIETY, SLEEP LOSS, LEFT HAND, LEFT ARM, AND LEFT KNEE BECAUSE OF LABOR CODE SECTIONS 3600, 5400, 5401, 5412, AND 5404.” Following additional proceedings, the unresolved liens of Foundation Medical Group, in the amount of $7,694.56; Mamutz Ali, M.D., in the amount of $2,630.00; Labs for Physicians and Surgeons, in the amount of $1,512.00; and ASAP Family Therapy, in the amount of $2,850.00 proceeded to a lien trial on April 19, 2012 and resulted in the WCJ’s decision from which defendant seeks reconsideration herein. Defendant contends that the WCJ erred in deferring his decision on the liens arguing that the lien claimants failed to sustain their burden of proof that the treatment they rendered was related to industrially injured body parts and that the tr
PATRICIA BEAN vs. COUNTY OF SAN BERNARDINO, Permissibly Self-Insured
This case involves a dispute between Patricia Bean, an applicant, and the County of San Bernardino, a permissibly self-insured defendant, regarding the payment of medical treatment liens. The parties had previously settled the claim, but the issue of pending medical treatment liens remained unresolved. The defendant sought reconsideration of the April 30, 2012 Findings and Order issued by the workers' compensation administrative law judge (WCJ) wherein the WCJ deferred the issue of pending medical treatment liens and, essentially, took the matter off calendar ordering further development of the record. The Appeals Board granted the defendant's request for removal, dismissed reconsideration, and returned the matter to the trial level for a final decision by the WCJ on the current record.
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ202215
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