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Case Name Kunz vs. Patterson Floor Coverings
Date 12/05/2002
Note Failure to make specific objection does not waive it; OFMS applies to services prescibed by DR at outpatient center; Outpatient fees must be reasonble.
Citation 67 Cal.Comp.Cases 1588
WCC Citation WCC 28982002 CA
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SJO 0224503 SCOTT KUNZ, Applicant, vs. PATTERSON FLOOR COVERINGS, INC. ; and GOLDEN EAGLE INSURANCE CO. In the August 9, 2002 decision, the workers' compensation administrative law judge ("WCJ") found that applicant, Scott Kunz, sustained industrial injury to his left knee on February 3, 2000, while employed as a carpet installer by Patterson Floor Coverings, Inc. , the insured of Golden Eagle Insurance Company ("Golden Eagle"). On April 4, 2001, applicant had left knee surgery, performed by Michael Butcher, M. D. , at Alpine's outpatient surgery center. (Martin) (1985) 39 Cal. 3d 57, 67 [50 Cal. Comp. Cases 411, 418]; Industrial Indemnity Co. v. Industrial Acc. (Obernier) (1995) 34 Cal. App. 4th 1204, 1210 [60 Cal. Comp. Cases 289, 291-292]; Beverly Hills Multispecialty Group v. Workers' Comp.

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