CompFox AI Summary
This case involves a dispute over the amount allowed for Dr. Silver's medical treatment lien. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the administrative law judge's (WCJ) decision that allowed $1,439.82 of the lien. Dr. Silver argued for payment at his usual and customary charges, not the Official Medical Fee Schedule (OMFS) rates, and requested penalties and interest. The WCAB affirmed the WCJ's decision, finding that Dr. Silver waived his right to contest the OMFS application by failing to object to an independent bill review or cross-examine the reviewer. Therefore, the WCAB amended the award to rescind the award of interest, but otherwise affirmed the $1,439.82 payment to Dr. Silver.
Full Decision Text1 Pages
This case involves a dispute over the amount allowed for Dr. Silver's medical treatment lien. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the administrative law judge's (WCJ) decision that allowed $1,439.82 of the lien. Dr. Silver argued for payment at his usual and customary charges, not the Official Medical Fee Schedule (OMFS) rates, and requested penalties and interest. The WCAB affirmed the WCJ's decision, finding that Dr. Silver waived his right to contest the OMFS application by failing to object to an independent bill review or cross-examine the reviewer. Therefore, the WCAB amended the award to rescind the award of interest, but otherwise affirmed the $1,439.82 payment to Dr. Silver.
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