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Case Name | Gerson v. Industrial Accident Commission | |
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Date | 02/01/1961 | |
Note | Commission has no jurisdiction to grant health care provider a portion of an award where commission has denied existence of a lien. | |
Citation | 188 Cal. App. 2d 735 | |
WCC Citation | WCC 30931961 CA |
DISTRICT COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO No. 24972 February 1, 1961 ANNA GERSON, PETITIONER, v. INDUSTRIAL ACCIDENT COMMISSION ET AL. , RESPONDENTS PROCEEDING to review part of an order of the Industrial Accident Commission directing that amount of employee's self-procured medical and hospital expenses be paid to her health insurer. By its findings of fact the commission found that Blue Cross was not entitled to a lien and by its award denied that lien. Section 4903, so far as pertinent reads: "The commission may determine, and allow as a lien against any amount to be paid as compensation: . 5300: "All the following proceedings shall be instituted before the commission and not elsewhere, except as otherwise provided in Division 4. (f) For the determination of any other matter, jurisdiction over which is vested by Division 4 in the commission. "
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