Home/Case Law/IOAN RUS vs. CALIFORNIA FACILITIES & EQUIPMENT MAINTENANCE COMPANY, INC., STATE COMPENSATION INSURANCE FUND
Regular Decision

IOAN RUS vs. CALIFORNIA FACILITIES & EQUIPMENT MAINTENANCE COMPANY, INC., STATE COMPENSATION INSURANCE FUND

Filed: Aug 08, 2016
Long Beach
ADJ7220223

CompFox AI Summary

The Appeals Board affirmed its prior decision, denying a lien claimant further payment. The Board found that current Labor Code section 5307.1, unlike the statute in Gould v. Workers' Comp. Appeals Bd., does not permit rebuttal of the Official Medical Fee Schedule (OMFS). Therefore, the lien claimant cannot recover fees exceeding the OMFS based on their arguments. The Board also stated it cannot rule on the constitutionality of the statute.

Full Decision Text1 Pages

The Appeals Board affirmed its prior decision, denying a lien claimant further payment. The Board found that current Labor Code section 5307.1, unlike the statute in Gould v. Workers' Comp. Appeals Bd., does not permit rebuttal of the Official Medical Fee Schedule (OMFS). Therefore, the lien claimant cannot recover fees exceeding the OMFS based on their arguments. The Board also stated it cannot rule on the constitutionality of the statute.

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