Home/Case Law/Richard Garcia vs. KENNESON FARMS, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

Richard Garcia vs. KENNESON FARMS, INC., STATE COMPENSATION INSURANCE FUND

Filed: Jun 29, 2009
San Francisco
ADJ2268134 (FRE 0196745)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied payment to N&S Neurology Center for services rendered between February 10, 1999, and April 15, 2006, due to a lack of a fictitious-name permit. The Board found that the existing stipulations were insufficient to deny all lien claims, as some claims may not require a permit. The case was returned to the trial level for further proceedings to distinguish between services that require a permit and those that do not, and to consider equitable factors. The WCAB affirmed its jurisdiction to determine lien compensability and the claimant's obligation to prove compliance with licensing requirements.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied payment to N&S Neurology Center for services rendered between February 10, 1999, and April 15, 2006, due to a lack of a fictitious-name permit. The Board found that the existing stipulations were insufficient to deny all lien claims, as some claims may not require a permit. The case was returned to the trial level for further proceedings to distinguish between services that require a permit and those that do not, and to consider equitable factors. The WCAB affirmed its jurisdiction to determine lien compensability and the claimant's obligation to prove compliance with licensing requirements.

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