Sergio Placencia, vs. Anvil Steel Corporation; State Compensation Insurance Fund,

(VNO 0518656)This case is about a worker's compensation claim for an industrial injury to the head, neck, shoulders, upper right extremity, back, and lower extremities. The worker's compensation administrative law judge found that the lien claimant, Kenneth Geiger, M.D., provided medical treatment to the applicant on 18 separate dates of service between April 14, 2005 and May 21, 2007, and charged his usual and customary fees for all dates in the total amount of $16,853.19. The WCJ also found that the defendant had paid the lien claimant the total sum of $5,679.03 for nine dates of service and awarded the lien claimant payment for the remaining dates of service

ANVIL STEEL CORPORATION; STATE COMPENSATION INSURANCE FUND, SERGIO PLACENCIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO PLACENCIA, Applicant,vs.ANVIL STEEL CORPORATION; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4454017 (VNO 0518656)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on May 19, 2009, wherein the WCJ found that lien claimant Kenneth Geiger, M.D. (lien claimant), provided medical treatment to applicant on 18 separate dates of service between April 14, 2005 through May 21, 2007, and charged his usual and customary fees for all dates in the total amount of $16,853.19. The WCJ also found that defendant had paid lien claimant the total sum of $5,679.03 for nine dates of service and awarded lien claimant payment for the remaining dates of service pursuant to the Official Medical Fee Schedule (OMFS), along with interest and penalty which were to be adjusted between the parties. Applicant’s underlying claim for industrial injury to his head, neck, bilateral shoulders, right upper extremity, back and bilateral lower extremities on July 23, 2004, while working as a truck driver, was resolved by way of Compromise and Release which was approved on April 29, 2008.            In its Petition for Reconsideration, defendant contends that the WCJ erred in determining that lien claimant was entitled to additional payments pursuant to the OMFS for all dates of service except January 13, 2006, where lien claimant did not meet his burden of proving that the charges were in accordance with the OMFS, and were reasonable and necessary. Defendant argues that lien claimant presented only the billings and did not present a witness to authenticate , them or to testify as to why the treatment was reasonable and necessary. Defendant also contends that the WCJ erred in not

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