WCPanelIQ
PanelLienGranted in Part

Evangelina Medina — ADJ11404325

EVANGELINA MEDINA, Applicant vs. PMS INDUSTRIES, INC., PACIFIC SINTERED METALS; BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANY, Defendants

ADJ number
ADJ11404325
Decision date
Aug 2, 2022
District office
Oxnard
WCJ
Roger A. Tolman, Jr.
Claim administrator
Berkshire Hathaway Homestate Insurance Company
Commissioners
—
LC §5705LC §4603.2LC §5903LC §5304

Summary

Lien claimant Kinetix Surgery Center sought payment on its lien for surgical services provided to applicant Evangelina Medina, who sustained continuous trauma injury from April 6 to May 4, 2018. The parties stipulated that the proper Official Medical Fee Schedule value of the services was $5,418.04, leaving the disputed issue of whether a Preferred Provider Organization (PPO) contract governed the reimbursement amount. The WCJ found, and the WCAB agreed, that defendant Berkshire Hathaway failed to meet its burden of proving the existence of a valid and applicable PPO contract because it never produced or specifically identified such a document. The Board granted reconsideration to amend the award to allow credit for the $1,471.90 previously paid, reducing the net principal to $3,946.14, and to adjust penalties down to $591.92, but otherwise affirmed the WCJ's decision. Interest under Labor Code § 4603.2(b)(2) was ordered from the date of service of the bill.

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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