Chatterjee
Chatterjee v. Kizer
Opinion
Opinion
Spencer, J.
Introduction
Plaintiff Sumita Chatterjee appeals from an order denying her petition for writ of mandate to compel defendant Kenneth Kizer, M.D., as Director of the Department of Health Services, to set aside his order denying her Medi-Cal benefits for the period of September 1985 through September 1986.
Statement of Facts
Plaintiff applied to Los Angeles County (county) for Medi-Cal benefits based on disability on September 19, 1985. The county forwarded her claim to the Disability Evaluation Division (DED) of the State Department of Health Services (department). The DED determined plaintiff was not disabled; on that basis the county denied her Medi-Cal benefits based on disability.
On April 1,1986, plaintiff requested a fair hearing from the department; it was held on June 11, 1986. Administrative Law Judge (ALJ) Mike Ossola concluded in his proposed decision plaintiff was disabled and the county’s action in denying her Medi-Cal benefits must be set aside. However, defendant did not adopt the proposed decision but ordered that another hearing be held pursuant to Welfare and Institutions Code section 10959. The reason for the fiirther hearing was “to reevaluate…