CALIFORNIA PIZZA KITCHEN ZURICH NORTH AMERICA PEDRO SANCHEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEDRO SANCHEZ, Applicant,vs.CALIFORNIA PIZZA KITCHEN; ZURICH NORTH AMERICA, Defendants.Case No. ADJ7172664(Long Beach District Office)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION Defendant seeks reconsideration of the April 17, 2014 Findings and Award and Order issued by the workers’ compensation administrative law judge (WCJ), who found that applicant sustained injury arising out of and in the course of employment to his back, upper extremity, shoulder, and neck; awarded Willow Medical Group the sum of $5,787.60 for medical treatment provided under the Official Medical Fee Schedule; awarded Joyce Altman Interpreters the sum of $3,390 for interpreter fees plus 15% penalty and interest on the unpaid sum of $3,390. Defendant contends that the WCJ erred by improperly shifting the burden of proof on defendant on its liability for the liens. Neither lien claimant Willow Medical Group nor Joyce Altman Interpreters filed answers. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that the Petition be denied. We have considered the allegations of the Petition for Reconsideration and the contents of the Report, and we have reviewed the record in this matter. For the reasons stated in the Report, which we adopt and incorporate, and for the reasons stated below, we will deny reconsideration. We note that Dr. Scheel, the primary treating physician from Willow Medical Clinic, indicated in her February 22, 2010 report (Exhibit 320) that applicant sustained an industrial injury. Defendant did not offer evidence to prove it objected to lien claimants’ services, nor did it offer any evidence that , applicant’s claim had been denied. Exhibit 316 is a letter from applicant’s counsel to defendant selecting Willow Medical Clinic as applicant’s primary treating
Pedro Sanchez vs. California Pizza Kitchen Zurich North America
In this case, Pedro Sanchez, the applicant, was awarded workers' compensation benefits for injuries sustained to his back, upper extremity, shoulder, and neck. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the April 17, 2014 Findings and Award and Order issued by the workers' compensation administrative law judge. The Board found that the lien claimants had met their burden of proof as to injury arising out of and in the course of employment, and had proved the reasonableness and necessity of the services provided.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ7172664
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