WCPanelIQ
PanelQMEMed-legalIBRDenied

Bailey, Vanessa

VANESSA BAILEY, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION; legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ7325706
Decision date
Date unavailable
District office
Van Nuys
WCJ
David L. Pollak
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: cervical spine, lumbar spine

LC §4622LC §4603.3LC §4603.6LC §5307.6CCR §9792.5.7CCR §9795

Summary

Dr. Sanjay Agarwal, a PQME, issued a panel report and billed $10,168.08, asserting entitlement to augmented payment under Labor Code § 5307.6(b) due to 'extraordinary circumstances.' The Defendant timely issued explanations of review reducing the reimbursement to $4,204.33 per the fee schedule, and Dr. Agarwal requested a second bill review but never submitted the dispute to Independent Bill Review (IBR) before filing a petition with the WCAB. The WCJ found the WCAB lacked jurisdiction because the dispute concerned the amount of payment owed, which must be resolved through IBR, and the failure to request IBR deemed the bill satisfied under Labor Code § 4603.6(a). The WCAB adopted the WCJ's report and denied reconsideration.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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