Case Law Database

GENE DEL MASTRO vs. JOHN MANNINGER ELECTRIC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board ruled that a lien claimant, Implantium, LLC, has standing to bill for surgical implants even if they are not covered by the Official Medical Fee Schedule (OMFS), as employer liability under Labor Code section 4600 is not limited to OMFS-covered services. The Board also found that Implantium's failure to file a fictitious business name statement until after providing services does not preclude reimbursement, as the statute only requires such filing to maintain an action, not for services rendered. Finally, the Board affirmed the consolidation of cases and deferred the issue of unjust enrichment for further proceedings.