Home/Case Law/PEGGY SPARGO vs. CITY OF BALDWIN PARK
Regular DecisionReconsideration

PEGGY SPARGO vs. CITY OF BALDWIN PARK

Filed: May 13, 2009
San Francisco
ADJ4588032 (VNO 0509614)

CompFox AI Summary

This case involves a lien claimant, RS Medical, seeking payment for durable medical equipment provided to an applicant for an admitted industrial injury. The defendant, City of Baldwin Park, denied authorization for the treatment through its utilization review (UR) process. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the trial judge's decision. The WCAB found that the defendant's UR denials were timely and unchallenged by the applicant, and thus RS Medical failed to prove the necessity of the treatment or sustain its burden of proof for payment. Therefore, the employer is not liable for the unauthorized medical treatment.

Full Decision Text1 Pages

This case involves a lien claimant, RS Medical, seeking payment for durable medical equipment provided to an applicant for an admitted industrial injury. The defendant, City of Baldwin Park, denied authorization for the treatment through its utilization review (UR) process. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the trial judge's decision. The WCAB found that the defendant's UR denials were timely and unchallenged by the applicant, and thus RS Medical failed to prove the necessity of the treatment or sustain its burden of proof for payment. Therefore, the employer is not liable for the unauthorized medical treatment.

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