Beverly Hills Multispecialty Group, Inc. v. Workers' Compensation Appeals Board

Good Law
1994 Cal. App. LEXIS 707·26 Cal. App. 4th 789·32 Cal. Rptr. 2d 293·94 Daily Journal DAR 9676·59 Cal. Comp. Cases 461
Court of Appeal of CaliforniaJuly 7, 1994Docket Nos. B077475, B077476, B077478, B077479, B077480, B077481, B077482, B077485, B077486, B077487California7,709 words

Opinion

Opinion

Croskey, J.

— Petitioner, Beverly Hills Multispecialty Group, Inc. (BHMG), sought writs of review in 10 cases in which respondent Workers’ Compensation Appeals Board (Board) affirmed orders denying BHMG’s lien claims for medical treatment and medical-legal costs. In each case, the allegedly injured worker filed a claim form or application alleging a cumulative industrial injury after the worker’s employment with respondent International Rectifier was terminated, and the workers’ compensation judge (WCJ) found that the worker did not sustain a cumulative industrial injury. We issued writs of review in each of the 10 cases and ordered the cases consolidated.

We conclude that BHMG was denied due process because in each of the 10 cases defense medical reports criticizing BHMG’s evaluations, medical reports, and treatment were not served on BHMG before trial and that in most of the cases BHMG was denied due process because it did not receive notice before trial that fraud by BHMG was being alleged. In Clara Lewis’s case (No. B077476), BHMG’s attorney was not allowed to cross-examine a material witness. In James Jordan’s case (No. B077482), after BHMG’s attorney made several objections,…

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