WCPanelIQ
SignificantMed-legalLienGranted

Louis Jones

ADJ number
—
Decision date
Oct 25, 1998
District office
—
WCJ
George C. Rothwell
Claim administrator
Constitution State Services
Commissioners
—

Injury / body parts: low back, left foot, left leg

LC §139.3LC §139.31LC §3200LC §3209.3LC §4628LC §4622

Summary

Applicant Louis Jones sustained an admitted industrial injury and selected Dr. Peter Lucero of Integrative Industrial and Family Practice Medical Clinic (II) as his primary treating physician. Dr. Lucero, a salaried staff physician of II, ordered physical therapy and referred applicant to therapists employed by II. Defendant repeatedly requested preauthorization and provider qualifications, objecting under Labor Code sections 139.3 and 139.31(e), but II never obtained preauthorization. The WCJ found no violation of section 139.3 and ordered payment of II's lien. On reconsideration, the WCAB agreed there was no prohibited financial interest under section 139.3, but held that II failed to obtain the preauthorization required by section 139.31(e), which barred recovery. The Board granted reconsideration, rescinded the WCJ's decision, and denied the PT portion of II's lien.

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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