Palm Springs Volkswagen; Employers Compensation Insurance Company Sergio Huizar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO HUIZAR, Applicant,vs.PALM SPRINGS VOLKSWAGEN; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendant.Case No. ADJ9376664 (Long Beach District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Edward Haronian, M.D. (lien claimant) seeks reconsideration of the Findings of Fact issued by the workers’ compensation administrative law judge (WCJ) on February 7, 2018. Therein, the WCJ found that the Workers’ Compensation Appeals Board (WCAB) lacks jurisdiction over lien claimant’s dispute with defendant over the reasonable value of his medical services. Lien claimant contends that Labor Code section 5304 is not applicable, and instead, the applicable regulation is Rule 9792.5.6 [sic] (Cal. Code Regs., tit. 8, § 9792.5.6).1 Defendant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. We have considered the allegations of the Petition for Reconsideration, the Answer, and the contents of the Report of the WCJ with respect thereto. Based on our review of the record and for the reasons discussed below, we will deny reconsideration.FACTUAL BACKGROUND The parties stipulated that applicant sustained injury arising out of and in the course of employment to his knee and back while working as an auto detailer for Palm Springs Volkswagen. The parties admitted that at the time of the injury, Employer Compensation Insurance Company was the 1 It appears that the more appropriate citation is Rule 9792.5.7 (Cal. Code Regs., tit. 8, § 9792.5.7) – Requesting Independent Bill Review. , employer’s workers’ compensation carrier; and that lien claimant was applicant’s primary treating physician. (Minutes of Hearing (MOH), November 6, 2017, p. 2.) On January 4, 2016, applicant settl
Sergio Huizar vs. Palm Springs Volkswagen; Employers Compensation Insurance Company
In this case, Sergio Huizar, an auto detailer for Palm Springs Volkswagen, filed a workers' compensation claim after sustaining an injury to his knee and back. Edward Haronian, M.D., the primary treating physician, filed a Notice and Request for Allowance of Lien. The parties proceeded to a lien trial to determine whether the Workers' Compensation Appeals Board had jurisdiction over the lien dispute. The WCAB found that an express agreement fixing the amounts to be paid for medical, surgical, or hospital treatment had been made between the lien claimant and the defendant, Employers Compensation Insurance Company, and thus the WCAB lacked jurisdiction. The Petition for Reconsideration was denied.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ9376664
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