Fernando Sanchez — ADJ8075850

Bakersfield Memorial Hospital, a lien claimant, sought reconsideration of an August 10, 2021 Findings of Fact holding that the WCAB lacked jurisdiction over its lien for inpatient services provided to applicant Fernando Sanchez, who sustained an industrial injury on December 8, 2010 while working as a forklift driver for Grimmway Enterprises. The WCJ found that an express PPO contract dated October 2, 2006 between Bakersfield Memorial Hospital and First Health Network fixed the amounts payable for the hospital's services, triggering Labor Code section 5304, which deprives the Board of jurisdiction over treatment disputes where such an express agreement exists. The lien claimant's petition focused entirely on the amount owed and billing/DRG code issues, but never addressed the dispositive jurisdictional ruling. The WCJ recommended denial because none of the petitioner's arguments demonstrated error in the jurisdictional finding. The WCAB adopted and incorporated the WCJ's report and Opinion on Decision and denied reconsideration.