What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration of the September 13, 2024 Opinion and Decision After Reconsideration (ODAR) denying jurisdiction over lien dispute was filed by lien claimant Integrated Pain Care and denied by the WCAB panel on December 6, 2024.
This docket was decided more than once. Shown here is the latest released decision; we also hold September 13, 2024.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The panel found that the Prudent Buyer Plan and Managed Care Services Agreement created an express agreement between Dr. Martinovsky, Blue Cross, and SCIF, which under Labor Code section 5304 precluded WCAB jurisdiction over the lien dispute.
From the decision · page 1Lien claimant Integrated Pain Care (lien claimant) seeks reconsideration of the September 13, 2024 Opinion and Decision After Reconsideration (ODAR), wherein a panel of the Workers' Compensation Appeals Board (WCAB) found an express agreement existed between lien claimant and defendant State Compensation Insurance Fund (SCIF). We determined that pursuant to Labor Code1 section 5304, the existence of an express agreement between the lien claimant and the defendant obviated Appeals Board jurisdiction over the instant dispute regarding the value of the medical services provided.