On May 29, 2018, the Workers’ Compensation Appeals Board issued a Findings and Orders awarding Lien Claimant, a Trust represented by Boehm & Associates, approximately $110,000.00 for payments the Trust paid in medical treatment for an injured worker.

Boehm & Associates vigorously litigated its client’s right for reimbursement during a lien trial. The lien trial included focused questioning during witness examination and oral arguments before the workers’ compensation judge against two co-defendants sharing liability for the industrial medical treatment. At issue was the reasonable value of the treatment provided during the period when liability had been denied. Pursuant to California Labor Code § 4903.1(a)(2), the Court based its award on the reimbursable amount of the lien notwithstanding the official medical fee schedule.

Defendant has appealed the Court’s decision exempting the Trust from OMFS reimbursement rates, and Boehm & Associates is in the process of filing its Answer contesting the same.