West Coast Rehab Center Case Study

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On April 13, 2017, I appeared at a lien conference before Geoffrey Sims of the Fresno Workers’ Compensation Appeals Board in the above-referenced matter.

Present at the Lien Conference, in addition to the undersigned, was lien representative Ms. Valisha Lowe for Mesa Pharmacy, Inc., Mr. Heval Mora for TruCare Pharmacy and Workmed, and Mr. Bill Kolmhaus for West Coast Rehab Center. As general background, the underlined case settled via Stipulations with Request for Award and Award on November 10, 2014. Because the claim was accepted, we retained medical control as the applicant continues to seek treatment for her injury.

Status of Lien Claims

Mesa Pharmacy: This lien is for various medications prescribed to the applicant by Dr. Kevin Calhoun. …show more content…
Kolmhaus to discuss the lien of West Coast Rehab Center. I explained to Mr. Kolmhaus that we had a Medical Provider Network defense and the treating physician Dr. Simpson was not on the MPN and none of the treatments had been authorized. As we continued to discuss the lien, I noticed that West Coast Rehab Center had not filed their lien with the Board. When I pointed out this fact to Mr. Kolmhaus, he indicated he believed the client had mistakenly failed to file the lien. However, West Coast Rehab Center still had about nine months to file their lien timely. Therefore, we continued to negotiate their lien so I could minimize the appearance of new lien claimants on record for this file. After further discussion, Mr. Kolmhaus agreed to speak with his client to settle the lien for 10% of the value or $327.50. Eventually, Mr. Kolmhaus returned and stated that the lien claimant had agreed to settle the lien for 10% of the value. Therefore, a Stipulation and Order was completed and approved by Judge Sims.

After further discussions with Ms. Lowe, it became clear that Mesa Pharmacy wanted to set this matter for trial. Therefore, I gathered all the lien representatives and approached Judge Sims, for final disposition. In the past, Judge Sims has not been willing one lien for trial, while other liens were still pending. Because this was TruCare’s first lien conference, Judge Sims was initially hesitant to set this matter for trial without providing them an opportunity to seek discovery. Therefore, I requested additional time to potentially settle the lien of TruCare Pharmacy and
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