Boehm & Associates v. Workers' Compensation Appeals Board

Petitioner Boehm & Associates seeks review of a decision by the Workers’ Compensation Appeals Board (Board) restricting or denying recovery on several medical lien claims.

In any event, petitioner contends the Board erroneously applied provisions of the California Medical Assistance Program (Medi-Cal) (Welf. & Inst. Code, § 14000 et seq.) and otherwise denied petitioner due process. We agree in part and annul the Board’s decision.

Facts and Procedural History

Applicant Wayne Brower was employed as a business agent by the Hotel Employees and Restaurant Employees Union Local 220 (Local 220) from 1968 to October 19, 1988. Between April 25, 1985, and October 19, 1988, Local 220 was illegally uninsured for purposes of workers’ compensation. In the late 1980’s, Brower began working a second job for Beau Pre Golf Course (Beau Pre), mowing greens, applying chemicals, weeding, and performing other miscellaneous duties. Brower worked approximately 15 to 20 hours per week for Beau Pre.

Brower had a history of “hypertensive coronary heart disease.” On October 19, 1988, he suffered a heart attack brought on by work performed for Beau Pre. He suffered a second heart attack on…