What the panel ordered
WCAB affirms WCJ Findings and Order dated 2019-09-24 except amended to find lien claimant MH Express did not meet burden of proof for entitlement to payment for certain dates of service; retrospective utilization review ordered only for 5/11/15 date of service; lien claimant to take nothing for other disputed dates
Petition for reconsideration/removal of WCJ Findings and Order granted for further study; WCJ Report and Recommendation to deny reconsideration incorporated; WCJ Findings and Order dated 2019-09-24 reviewed
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.
Lien claimant MH Express failed to prove entitlement to payment for disputed dates of service except for 5/11/15, which must be submitted for retrospective utilization review; defendant's liability for retrospective UR limited accordingly.
From the decision · page 1Defendant seeks reconsideration or in the alternative removal of the Findings and Order (F&O) issued by the workers' compensation administrative law judge (WCJ) on September 24, 2019. By the F&O, the WCJ found in pertinent part that certain dates of service by lien claimant, MH Express, were not properly submitted for utilization review (UR). The WCJ ordered that defendant submit these dates of service for retrospective UR.