News and Insights

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur sit amet sem id nisi porta rutrum.

YURI BARAJAS vs. KIMCO STAFFING SERVICES, Permissibly Self-Insured

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

SUBSCRIBE NOW

Join our community and never miss an update. Stay connected with cutting-edge insights and valuable resources.

Recent Article

Recent Article

Share Article

Leave a Comment

Your email address will not be published. Required fields are marked *