WCPanelIQ
PanelLienGranted

Rebolledo, Francisco

FRANCISCO REBOLLEDO, Applicant vs. NEW CURE, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ9641796
Decision date
Oct 28, 2021
District office
Pomona District Office
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
—
LC §4903LC §4903.8LC §4903.7LC §4903.05LC §3903.8LC §3210LC §4600LC §4621LC §4620LC §4809CCR §10401CCR §10445

Summary

WSPT Network, a billing and marketing service (dba of Advanced Physician Management, Inc.) for acupuncturist Josephine Phung-Hoa Chau (Lo Acupuncture, Inc.), filed a lien for acupuncture services and sought reconsideration of a WCJ's F&O that found WSPT was not the original provider, was not a lien owner under Labor Code section 4903.8(a)(1), and that an assignment was required under section 3903.8. The WCAB agreed that WSPT Network is not the lien owner because under section 4903.8 and Chorn, only the medical provider who incurred the expense (Lo Acupuncture) is entitled to payment. However, the Board held that WSPT Network may proceed as a non-attorney representative of Lo Acupuncture under CCR section 10401, since the lien and original bill contained the required representative information. The Board found no assignment issues and that the lien was not a 'problem lien' targeted by the Legislature. The F&O was rescinded and the matter returned to the trial level, with instructions to join Lo Acupuncture and Josephine Chau as necessary parties.

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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