Home/Case Law/JONATHAN NORTON vs. NAVIGATOR YACHTS, INC., INTERCARE INSURANCE SERVICES
Regular DecisionReconsideration

JONATHAN NORTON vs. NAVIGATOR YACHTS, INC., INTERCARE INSURANCE SERVICES

Filed: Sep 28, 2009
ADJ1159851

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimant Dr. Mehdi Habibi, M.D., regarding a WCJ's decision on medical billing. The WCJ previously limited Dr. Habibi's payment to $3,970.35, applying the Official Medical Fee Schedule (OMFS), and disregarded Dr. Habibi's arguments for fees exceeding the OMFS based on the Gould factors. The WCAB found the WCJ improperly relied on unadmitted evidence and failed to consider the Gould factors for determining reasonable fees above the OMFS. The case is returned to the WCJ to re-evaluate evidence and apply the correct legal standards.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimant Dr. Mehdi Habibi, M.D., regarding a WCJ's decision on medical billing. The WCJ previously limited Dr. Habibi's payment to $3,970.35, applying the Official Medical Fee Schedule (OMFS), and disregarded Dr. Habibi's arguments for fees exceeding the OMFS based on the Gould factors. The WCAB found the WCJ improperly relied on unadmitted evidence and failed to consider the Gould factors for determining reasonable fees above the OMFS. The case is returned to the WCJ to re-evaluate evidence and apply the correct legal standards.

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