Home/Case Law/Joseph Vella vs. Hitchcock Automotive, State Compensation Insurance Fund
Regular DecisionReconsideration

Joseph Vella vs. Hitchcock Automotive, State Compensation Insurance Fund

Filed: Sep 29, 2009
ADJ4673406 (ANA 0403334) ADJ4233924 (ANA 0376527)

CompFox AI Summary

This case concerns a dispute over the reasonableness of a lien claimant's billing for outpatient surgery services. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, finding the Administrative Law Judge (ALJ) erred by concluding the lien claimant met its burden based solely on its usual billing practices without a proper analysis of reasonableness. The Board remanded the case to the ALJ to determine a reasonable fee considering all evidence, including the lien claimant's and defendant's submissions, as outlined in Kunz and Tapia. The decision emphasizes that the lien claimant bears the affirmative burden to prove the reasonableness of its fee.

Full Decision Text1 Pages

This case concerns a dispute over the reasonableness of a lien claimant's billing for outpatient surgery services. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, finding the Administrative Law Judge (ALJ) erred by concluding the lien claimant met its burden based solely on its usual billing practices without a proper analysis of reasonableness. The Board remanded the case to the ALJ to determine a reasonable fee considering all evidence, including the lien claimant's and defendant's submissions, as outlined in Kunz and Tapia. The decision emphasizes that the lien claimant bears the affirmative burden to prove the reasonableness of its fee.

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