Home/Case Law/ROCCO PASCALE vs. PIRELLI ARMSTRONG TIRE CORPORATION, TRAVELERS INSURANCE COMPANY
Regular Decision

ROCCO PASCALE vs. PIRELLI ARMSTRONG TIRE CORPORATION, TRAVELERS INSURANCE COMPANY

Filed: Jun 22, 2009
San Francisco
ADJ3931818

CompFox AI Summary

The Workers' Compensation Appeals Board denied S & B Surgery Center's (SB) petition for reconsideration of a decision disallowing its entire $51,773.15 lien. The Board affirmed the administrative law judge's finding that SB failed to meet its burden of proof under Tapia v. Skill Master Staffing. Specifically, SB did not provide sufficient evidence to establish the reasonableness of its charges beyond its own billing, despite the established legal precedent that lien claimants bear this affirmative burden. The Board also noted SB's pattern of misstating the law, suggesting potential grounds for sanctions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied S & B Surgery Center's (SB) petition for reconsideration of a decision disallowing its entire $51,773.15 lien. The Board affirmed the administrative law judge's finding that SB failed to meet its burden of proof under Tapia v. Skill Master Staffing. Specifically, SB did not provide sufficient evidence to establish the reasonableness of its charges beyond its own billing, despite the established legal precedent that lien claimants bear this affirmative burden. The Board also noted SB's pattern of misstating the law, suggesting potential grounds for sanctions.

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