SODEXHO/SIMI VALLEY HOSPITAL; and INSURANCE COMPANY OF PENNSYLVANIA, TERESA CARBALLO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERESA CARBALLO, Applicant,vs.SODEXHO/SIMI VALLEY HOSPITAL; andINSURANCE COMPANY OF PENNSYLVANIA, Defendant.Case No. ADJ3637927 (VNO 0498934)OPINION AND ORDER DENYING RECONSIDERATION Defendant seeks reconsideration of the Opinion and Decision After Reconsideration of June 19, 2009, wherein we rescinded the Orders of October 21, 2008, which disallowed the lien claims of Healthtree and Rodrigo Sanchez, D.C. (Healthtree) and of Post Surgical Rehab Specialists, LLC (Post) for medical treatment they each purportedly provided to applicant to cure or relieve her from the effects of the admitted industrial injury that she sustained to her right upper extremity, neck, and back on April 19, 2004, while employed as a housekeeper by Sodexho, Insurance Company of Pennsylvania’s insured on the date of injury, and returned this matter to the trial level for further proceedings and a new decision on the merits of the lien claims. Previously, in January 2009, we granted lien claimants’ petitions for reconsideration of the October 21, 2008 Orders to allow the workers’ compensation judge (WCJ) that issued them an opportunity to prepare, serve, and file a Report and Recommendation addressing the merits of the petitions for reconsideration and to ensure that the necessary documents, including the minutes of hearing and the original orders and proofs of service, were properly in the Appeals Board’s file. Subsequently, after the WCJ prepared his Report and the Appeals Board’s file was updated, we concluded that the October 21. 2008, Orders, which disallowed Post’s and Healthree’s lien claims, were issued in violation of the lien claimants’ due process rights. Therefore, as our Decision After , Reconsideration, we rescinded them. Defendant contends that we should reinstate the Orders disallowing the disputed lien cla
Teresa Carballo, vs. Sodexho/simi Valley Hospital; And Insurance Company Of Pennsylvania,
This case involves a dispute between Teresa Carballo, Sodexho/Simi Valley Hospital, and Insurance Company of Pennsylvania over lien claims for medical treatment provided to Carballo for an industrial injury she sustained while employed by Sodexho. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the Opinion and Decision After Reconsideration of June 19, 2009, which rescinded the Orders of October 21, 2008, disallowing the lien claims of Healthtree and Rodrigo Sanchez, D.C. and of Post Surgical Rehab Specialists, LLC. The Board found that the October 21, 2008 Orders were issued in violation of the lien claimants' due process rights and that the petitions for reconsideration
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3637927
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