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| Case Name | Tapia v. Skill Master Staffing | |
|---|---|---|
| Date | 09/17/2008 | |
| Note | [En Banc] (1) An outpatient surgery center lien claimant has burden of proving that charges are reasonable; (2) the outpatient surgery center lien claimant's billing, by itself, does not establish that claimed fee is 'reasonable'; and (3) any evidence relevant to reasonableness may be offered to support or rebut the lien. | |
| Citation | 4564224 | |
| WCC Citation | WCC 34252008 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA OPINION AND DECISION AFTER RECONSIDERATION Case No. ADJ 4564224 (En Banc) (LBO 0322121) MARIA TAPIA, Applicant, vs. SKILL MASTER STAFFING; and LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s), SB SURGERY CENTER, Lien Claimant. The new fee schedule for this procedure would be $1,770. 34. That would apply only to injuries on or after 1-1-04. Medicare ASC [Ambulatory Surgical Center], which was used in calculating the new fee schedule, would be $832. 49 for this procedure. A comparable procedure under the CHSWC study Level 5 (which was this procedure's level) would be an average of $2,196.
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