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Case Name | Zenith Ins. Co. v. WCAB | |
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Date | 03/20/2006 | |
Note | Lien claimant bears the burden of establishing license and accreditation to establish right to reimbursement. | |
Citation | 138 Cal. App. 4th 373 | |
WCC Citation | WCC 31482006 CA |
Zenith Insurance Company (Zenith), a workers' compensation insurance carrier, seeks review of an order by the Workers' Compensation Appeals Board (the Board) refusing to reconsider the decision of a workers' compensation judge (the WCJ) awarding facility fees to two outpatient medical treatment centers. FACTUAL AND PROCEDURAL BACKGROUND Gilberto Capi injured his lower back while working as a book binder for International Coil Bindery, then insured for workers' compensation claims by Zenith. Zenith settled Capi's claims via a compromise and release; however, it disputed the reimbursement claims made by several of Capi's health care providers, including the claims for facility fees sought by the lien claimants. Zenith presented a copy of its civil complaint to the WCJ, requested additional time to complete discovery and for the matter to be stayed pending resolution of its civil action. Zenith filed a petition for reconsideration with the Board, challenging that portion of the findings and order awarding facility fees to the lien claimants.
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