KENNESON FARMS, INC.; STATE 9 COMPENSATION INSURANCE FUND, RICHARD D. GARCIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICHARD D. GARCIA, Applicant,vs.KENNESON FARMS, INC.; STATE COMPENSATION INSURANCE FUND, Defendant(s),N & S NEUROLOGY; SANJAY CHAUHAN,M.D., Lien claimantsCase No. ADJ2268134 (FRE 0196745)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of our earlier June 29, 2009 Opinion And Order Granting Reconsideration And Decision After Reconsideration (Decision) wherein we granted the petition of lien claimant N & S Neurology Center, a Medical Group, Inc. (N&S), a duly-authorized professional medical corporation which is entirely owned by Sanjay Chauhan, M.D., for reconsideration of the April 16, 2009 Findings and Order of the workers’ compensation administrative law judge (WCJ), who concluded that N&S was required to have a fictitious-name permit issued by the California Medical Board during the period from February 10, 1999 to April 15, 2006, and because it did not have such a permit, defendant State Compensation Insurance Fund (SCIF) was “not required to pay N & S for medical services and goods rendered during the period.” In our Decision, which is incorporated by this reference, we rescinded the WCJ’s April 16, 2009 Findings and Order because we concluded that the stipulations of the parties do not support a summary determination that defendant is relieved of its obligation to pay for each of the lien claims at issue. We returned the matter to the trial level for further proceedings and a new decision , regarding the lien claims. Defendant contends that our Decision “impermissibly allows for potential reimbursement for medications or medical devices dispensed directly by the lien claimant,” and “improperly invoked equity jurisdiction to defeat a statutory mandate.” An answer was received from lien claimant. We dismiss defendant’s petition for rec
Richard D. Garcia, vs. Kenneson Farms, Inc.; State 9 Compensation Insurance Fund,
(FRE 0196745) is a case between Kenneson Farms, Inc., State Compensation Insurance Fund, Richard D. Garcia, and Workers' Compensation Appeals Board State of California, and lien claimants N & S Neurology and Sanjay Chauhan, M.D. The case involves a petition for reconsideration of an earlier decision granting reconsideration and decision after reconsideration. The defendant argued that the decision allowed for potential reimbursement for medications or medical devices dispensed directly by the lien claimant, and improperly invoked equity jurisdiction to defeat a statutory mandate. The petition for reconsideration was dismissed because it was not taken from a final order. The case was returned to the trial level for further proceedings and a new decision regarding the lien claims
- Filed On:
- Court: California, Fresno
- Case No. ADJ2268134
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