Home/Case Law/CYNTHIA GORDON vs. CALISTOGA SPA, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

CYNTHIA GORDON vs. CALISTOGA SPA, STATE COMPENSATION INSURANCE FUND

Filed: Mar 13, 2009
San Francisco
ADJ745778 (SRO 0132381)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, reversing a prior decision. The WCAB found that it lacks jurisdiction over medical treatment payment disputes when an express agreement exists between the parties, as stipulated by Labor Code section 5304. In this case, a chain of contracts, including one between the hospital and Blue Cross Life and Health, and another between Blue Cross and the defendant insurer, created an express agreement. This contractual arrangement precluded the WCAB from determining the payment due to the medical provider.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, reversing a prior decision. The WCAB found that it lacks jurisdiction over medical treatment payment disputes when an express agreement exists between the parties, as stipulated by Labor Code section 5304. In this case, a chain of contracts, including one between the hospital and Blue Cross Life and Health, and another between Blue Cross and the defendant insurer, created an express agreement. This contractual arrangement precluded the WCAB from determining the payment due to the medical provider.

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