KIMCO STAFFING SERVICES, Permissibly Self-Insured YURI BARAJAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYURI BARAJAS, Applicant,vs.KIMCO STAFFING SERVICES, Permissibly Self-Insured, Defendants.INTEGRATIVE INDUSTRIAL AND FAMILY PRACTICE MEDICAL CLINICS,Lien Claimant.Case Nos. ADJ6779017; ADJ6779034(Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Findings and Orders dated August 8, 2012, wherein the workers’ compensation administrative law judge (WCJ) ordered the issue of reasonableness/necessity of treatment off calendar. Defendant contends that there is sufficient evidence to render a decision and that it will suffer irreparable harm. We have not received an answer from lien claimant Integrative Industrial and Family Practice Medical Clinics (LC). Applicant, while employed as a laborer on April 21, 2009, and January 1, 2009, sustained admitted industrial injuries. He settled his cases by Compromise and Release approved on June 14, 2010. On August 2, 2010, defendant filed a Declaration of Readiness to Proceed requesting a lien conference. The case was set for a lien conference on June 30, 2011. Defendant, LC, and three other lien claimants appeared. Defendant, LC and another lien claimant filed a Pretrial Conference Statement, listing stipulations, issues and exhibits. The case was continued to trial. The case on for trial on July 9, 2011, on the issue of the lien of LC only. The WCJ allowed the trial to go forward only on the issues of reasonableness/necessity of treatment and admissibility of , evidence. The issues of whether the lien should be denied because Dr. Peter Lucero is not a member of the employer’s medical provider network (MPN), liability for services, value of services, and penalty/interest were taken off calendar. It is not clear why the WCJ de
YURI BARAJAS vs. KIMCO STAFFING SERVICES, Permissibly Self-Insured
; ADJ6779034KIMCO STAFFING SERVICES, Permissibly Self-Insured, appealed a decision by the workers' compensation administrative law judge (WCJ) to take the issue of reasonableness/necessity of treatment off calendar. The Appeals Board granted the petition for removal and rescinded the WCJ's decision, returning the matter to the trial level for further proceedings and decisions by the WCJ. The Board noted that the parties had had sufficient opportunity to discover and present evidence to support their claims, and that the WCJ should decide the case on the basis of the evidence provided.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ6779017
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