WCPanelIQ
PanelQMEMed-legalLienGranted in Part

Hernandez, Ramiro

RAMIRO HERNANDEZ, Applicant vs. RIVERSIDE LANDSCAPE & IRRIGATION INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, by its servicing facility, INTERCARE for CASTLEPOINT INSURANCE, in liquidation; Defendants

ADJ number
ADJ9336762
Decision date
Mar 16, 2025
District office
Anaheim
WCJ
—
Claim administrator
Intercare (servicing facility for California Insurance Guarantee Association) for Castlepoint Insurance, in liquidation
Commissioners
KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: back, lower extremities, psyche

LC §4060LC §4063.2LC §4064LC §4600LC §4620LC §4663LC §4664LC §4903LC §5307.6LC §5900LC §5909LC §139.2LC §3209.3CCR §9785CCR §9793CCR §10600CCR §10964

Summary

Lien claimants RMS Medical Group and Basso Pharmacy sought reconsideration of a WCJ's Findings and Order denying any further recovery on their liens in the claim of Ramiro Hernandez, who sustained industrial injury to his back, lower extremities, and psyche while working as a laborer. RMS argued that its PTP, Dr. Gottschalk, was properly designated and entitled to write medical-legal reports even though an AME existed, while Basso argued it was properly licensed and entitled to payment for dispensed prescriptions. The Board granted RMS's petition, holding that a PTP may prepare a medical-legal report even when an AME exists, citing Brower v. David Jones Construction. The Board denied Basso's petition based on the WCJ's finding that Basso was not properly licensed under Business and Professions Code section 4110(a). The matter was rescinded and returned to the trial level for the WCJ to determine the reasonable value of RMS's medical-legal services.

Issues

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Holding

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Analysis

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Defense takeaway

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