Home/Case Law/Marta Zarate vs. Blue Banner Company, State Compensation Insurance Fund
Regular DecisionReconsideration

Marta Zarate vs. Blue Banner Company, State Compensation Insurance Fund

Filed: Jun 04, 2008
POM 263315, ANA 311660, ANA 322880

CompFox AI Summary

The Appeals Board granted reconsideration of a WCJ's decision that allowed a lien claim for outpatient surgery services in full, finding that the record lacked substantial evidence to prove the reasonableness of the fee. The Board rescinded the decision and returned the case to the trial level for further development of the record, emphasizing that the lien claimant bears the burden of proving the reasonableness of its charges. The parties are to present evidence consistent with the Kunz decision to establish a reasonable fee for the services.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of a WCJ's decision that allowed a lien claim for outpatient surgery services in full, finding that the record lacked substantial evidence to prove the reasonableness of the fee. The Board rescinded the decision and returned the case to the trial level for further development of the record, emphasizing that the lien claimant bears the burden of proving the reasonableness of its charges. The parties are to present evidence consistent with the Kunz decision to establish a reasonable fee for the services.

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