WCPanelIQ
PanelLienDenied

Lucy Blasi — ADJ3348532

LUCY BLASI, Applicant vs. CREATIVE DIRECT MARKETING GROUP; CIGA FOR AMERICAN MANUFACTURING, in liquidation, Defendants

ADJ number
ADJ3348532
Decision date
Oct 17, 2021
District office
Long Beach District Office
WCJ
Peter M. Christiano
Claim administrator
California Insurance Guarantee Association (CIGA) for American Manufacturing, in liquidation
Commissioners
—

Injury / body parts: neck, hands, wrists, fibromyalgia, psoriatic arthritis, gastric hyperacidity

LC §5813LC §4603.2CCR §10510CCR §10450

Summary

Lien claimant Dr. David Silver, a treating physician, sought additional reimbursement, penalties, interest, and costs/sanctions for services rendered to applicant Lucy Blasi for an admitted cumulative trauma injury. The WCJ found that Dr. Silver had been adequately compensated (and in fact overpaid) under the official medical fee schedule based on the credible and unrebutted testimony of defendant's bill review expert Yollete Capalla, and denied the lien and the Petition for Costs and Sanctions. On reconsideration, Dr. Silver challenged the admissibility of defendant's payment-history exhibit, the qualification of the bill reviewer as an expert, the assumption he was a secondary treating physician, and the denial of sanctions. The WCAB adopted and incorporated the WCJ's Report and Opinion, gave great weight to the WCJ's credibility determination under Garza, 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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