PATTON STATE HOSPITAL; SCIF STATE 8 EMPLOYEES RIVERSIDE, ROSELYN BROWN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSELYN BROWN, Applicant,vs.PATTON STATE HOSPITAL; SCIF STATEEMPLOYEES RIVERSIDE, Defendants.Case No. ADJ1803453 (SBR 0305901)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Lien claimant Premier Outpatient Surgery Center (“Premier”) seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Finding and Order of October 22, 2008, wherein the WCJ found that Premier had been adequately compensated for its services, and therefore disallowed Premier’s lien. Previously, by way of a Compromise & Re]ease approved on May 12, 2003, in exchange for $15,000, applicant settled her claims that while employed as a psychiatric technician on July 10, 2001, she sustained industrial injury to her left upper extremity. Premier’s lien claim sought $8,289, the difference between the $8,935 it billed for facility fees related to an August 19, 2002 procedure, and the $646 paid by the defendant. Lien claimant contends that the WCJ erred in disallowing its lien. We have not received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). In the Report, the WCJ recommends that we deny the lien claimant’s petition for reconsideration. In addition, the WCJ recommends that we “consider imposing sanctions against [lien claimant’s representative] CMS Network, Inc. and/or its hearing representative, Dominic D. Arguello, for continuing to make the same erroneous legal assertions in its petitions for reconsideration that defendant bears the initial burden of proving the unreasonableness of a lien.” (Report at p. 9.) For the reasons stated by the WCJ in her Report, which we hereby adopt and incorporate, we will deny lien claimant’s petition for reconsideration. Although we understand the WCJ’s , frustration with CMS Network’s repeated mischaracterizations of the
ROSELYN BROWN, vs. PATTON STATE HOSPITAL; SCIF STATE 8 EMPLOYEES RIVERSIDE,
(SBR 0305901) is a case involving lien claimant Premier Outpatient Surgery Center and applicant Roselyn Brown. Roselyn Brown was employed as a psychiatric technician on July 10, 2001 and sustained an industrial injury to her left upper extremity. Premier Outpatient Surgery Center sought $8,289, the difference between the $8,935 it billed for facility fees related to an August 19, 2002 procedure, and the $646 paid by the defendant. The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration and declined the WCJ's recommendation to impose sanctions.
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ1803453
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.