WCAB

Zenith Insurance v. Workers' Compensation Appeals Board

Good Law
138 Cal. App. 4th 373·2006 Cal. App. LEXIS 479·2006 Daily Journal DAR 4137·41 Cal. Rptr. 3d 380·71 Cal. Comp. Cases 374
Court of Appeal of CaliforniaMarch 20, 2006D046783California1,173 words

Opinion

Opinion

McINTYRE, J.

Zenith Insurance Company (Zenith), a workers’ compensation insurance carrier, seeks review of an order by the Workers’ Compensation Appeals Board (the Board) refusing to reconsider the decision of a workers’ compensation judge (the WCJ) awarding facility fees to two outpatient medical treatment centers. We conclude the Board erred in denying the petition for reconsideration because the lien claimants failed to establish their licensure or accreditation as an essential element of their lien claims. As such, the Board’s decision was not supported by substantial evidence and is annulled.

FACTUAL AND PROCEDURAL BACKGROUND

Gilberto Capi injured his lower back while working as a book binder for International Coil Bindery, then insured for workers’ compensation claims by Zenith. Capi received outpatient medical treatment for his injury from various providers, including Beach Cities Surgery Center (Beach Cities) and Pain Intervention Therapy of San Diego (PIT; together the lien claimants). Zenith settled Capi’s claims via a compromise and release; however, it disputed the reimbursement claims made by several of Capi’s health care providers, including the claims for facility…

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