Back to Search

Teresa Hernandez, vs. T K & J, Inc., Dba Las Palmas Restaurant And Preferred Employers Insurance Company,

In this case, Teresa Hernandez, an employee of T K & J, Inc., dba Las Palmas Restaurant, claimed injury to her cervical spine, bilateral shoulders, elbows, bilateral wrists, hands, lumbar spine, internal system and psyche while employed by the defendant. The defendant referred the applicant to an MPN approved by the Administrative Director, and the parties stipulated that the defendant provided some medical treatment. The lien claimant, Comprehensive Outpatient Surgery Center, sought reconsideration of the Findings and Order issued by the workers' compensation administrative law judge, claiming that the defendant did not provide the applicant proper notice regarding its MPN and that the applicant was entitled to seek treatment from providers who were not in the MPN.

Filed On: November 8, 2017
Court: California, San Bernardino
Case No. ADJ7781676

T K & J, Inc., Dba Las Palmas Restaurant and Preferred Employers Insurance Company, Teresa Hernandez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERESA HERNANDEZ,Applicant,vs.T K & J, INC., dba LAS P ALMAS RESTAURANT and PREFERRED EMPLOYERS INSURANCE COMPANY,Defendants.Case No. ADJ7781676(San Bernardino District Office)OPINION AND ORDER GRANTING RECONSIDERATION ON BOARD MOTION AND DECISION AFTER RECONSIDERATION On November 1, 2017, we issued an Opinion and Decision After Reconsideration (Opinion) wherein we stated that lien claimant’s Petition was denied. It has come to our attention that the Opinion contained clerical errors in that we had previously granted the Petition for further study. We may correct a clerical error at any time without the need for further hearings, even after the statutory time for reconsideration is passed. (Toccalino v. Workers’ Comp. Appeals Bd. (1982) 128 Cal.App.3d 543, 547 [47 Cal.Comp.Cases 145, 154]; Lab. Code §5803, Cal. Code Regs., tit. 8, §10864.) Thus, we will rescind the Opinion and substitute a new Opinion and Decision After Reconsideration which corrects the clerical errors. We note that we are not making any changes to the substantive analysis in the Opinion and we are not altering or otherwise dealing with the issues addressed in the Opinion. We are correcting the clerical errors located at page 1, line 26, page 4, line 25, and in the Order, p. 5, lines 2 — 4. We granted lien claimant’s Petition for Reconsideration (Petition) to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Comprehensive Outpatient Surgery Center (lien claimant) seeks reconsideration of the Findings and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on August 2, 2017, wherein the WCJ found in pertinent part that lien claimant did not meet its burden to show that defendant had a valid and appropriately noticed medical

Ashish

See Full Bio

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!