Home/Case Law/JUAN SANDOVAL vs. MILKY WAY DAIRY, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES
Regular DecisionReconsideration

JUAN SANDOVAL vs. MILKY WAY DAIRY, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

Filed: Sep 16, 2011
San Francisco
ADJ6512547

CompFox AI Summary

This case concerns a dispute over a $8,177.09 balance owed to a lien claimant, Summit Surgical, for outpatient surgical services. The defendant sought reconsideration of the Workers' Compensation Judge's award, arguing the lien claimant failed to prove the treatment was reasonable and necessary per Kunz and Tapia, and that the claim was barred by the statute of limitations. The Appeals Board granted reconsideration, rescinded the award, and returned the matter for further proceedings. The Board found the WCJ failed to rule on the statute of limitations defense, which is a mandatory issue to address.

Full Decision Text1 Pages

This case concerns a dispute over a $8,177.09 balance owed to a lien claimant, Summit Surgical, for outpatient surgical services. The defendant sought reconsideration of the Workers' Compensation Judge's award, arguing the lien claimant failed to prove the treatment was reasonable and necessary per Kunz and Tapia, and that the claim was barred by the statute of limitations. The Appeals Board granted reconsideration, rescinded the award, and returned the matter for further proceedings. The Board found the WCJ failed to rule on the statute of limitations defense, which is a mandatory issue to address.

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JUAN SANDOVAL vs. MILKY WAY DAIRY, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES (2011) – San Francisco | CompFox