Hand Rehabilitation Center v. Workers' Compensation Appeals Board

Hand Rehabilitation Center (HRC) and Theodore Hylwa, M.D., petitioned for a writ of review of a decision of the Workers’ Compensation Appeals Board (WCAB) denying their lien claims for medical costs. We granted review. They contend they were denied due process because the workers’ compensation judge (WCJ) and the WCAB relied upon the report of a medical examiner agreed to by the applicant and the defendant employer, but to whom they had not consented. HRC also contends the WCAB improperly found its services were performed by unqualified personnel and that it incorrectly concluded HRC’s lien could not be allowed unless it first filed a fictitious business name statement. We affirm the WCAB order.

Erma Obemier was a meat wrapper for Vons Markets for several years. In 1987 she began to have pain in both wrists. She continued to work until April 1990 when she finally reported the injury. She filed for workers’ compensation benefits in May 1990 claiming injury to both hands.

Hylwa, an orthopedic surgeon, began treating Obemier in August 1990 for carpal tunnel syndrome. He referred her to HRC for therapy. Hylwa performed wrist surgeries on Obemier in September of 1990 and…