What the panel ordered
The WCAB affirmed the WCJ's decision that Barkal was not required to obtain fictitious-name permits from the Medical Board of California for his ownership interest in Beach Cities Surgery Center and Pain Intervention Therapy of San Diego, and that the ownership by Barkal and two chiropractors did not violate state law.
Decision After Reconsideration affirming the WCJ's Findings and Opinion on Decision dated May 29, 2019, and returning the matter to the trial level for further proceedings.
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 WCJ and WCAB found that BCSC and PITSD were outpatient surgery centers, not Barkal's medical practices, and that the lien claims were for facility fees, not medical treatment, so Barkal was not required to obtain fictitious-name permits and the ownership did not violate the law.
From the decision · page 2On May 29, 2019, the Workers' Compensation Administrative Law Judge ("WCJ") issued a decision entitled "Findings and Opinion on Decision." Therein the WCJ found that Dr. Barkal, formerly a licensed physician, was not required to obtain fictitious business name permits from the Medical Board of California in connection with his ownership interest in Beach Cities Surgery Center ("BCSC") and Pain Intervention Therapy of San Diego ("PITSD"), and that the lien claims of these entities are not invalid for lack of fictitious business name permits. The WCJ also found that the ownership of BCSC and PITSD by Dr. Barkal, along with two chiropractor majority co- owners, was not in violation of the law and does not render the lien claims invalid.