What the panel ordered
The Board rescinded the August 9, 2002 Findings and Order and remanded the matter to the WCJ for further proceedings and a new decision consistent with the en banc opinion.
The Board granted reconsideration of the Findings and Order issued on August 9, 2002, to further study the factual and legal issues raised in the petition filed by lien claimant Alpine Surgery Centers, LP, dba Silicon Valley Surgery Center.
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 Board held that a defendant's failure to specifically object to a medical treatment lien claim on the basis of reasonable medical necessity does not waive that objection, and that the reasonableness of the lien claim must be established by a preponderance of the evidence. The Board remanded the case for further evidence on whether the surgery was reasonably required and whether the lien claim met the statutory prerequisites.
From the decision · page 57 I. Where Section 4603.2 Applies, A Defendant's Failure To Timely Make Specific