Judge says “take nothing” in Calif. State Fund, Palm Medical case

San Francisco County Superior Court Judge Donald Mitchell has granted California State Compensation Insurance Fund’s Motion for Judgment Notwithstanding the Verdict and has vacated the March 2, 2006, judgment for Palm Medical, and has entered judgment in favor of State Fund, according to the group.

Mitchell found that “There is no substantial evidence that SCIF’s Preferred Provider Network possessed power so substantial over the market for the treatment of occupational injuries in the Fresno area in 2001-2003 that the failure to admit the plaintiff, Palm Medical Group Inc., to its preferred provider network significantly impaired the plaintiff’s ability to practice occupational medicine in the Fresno area.” Mitchell ordered Palm Medical Group take nothing and that SCIF recover its costs and disbursements incurred.

SCIF said it had previously prevailed on March 2 when the court denied Palm Medical’s motion for a court order compelling State Fund to admit Palm Medical to its PPN and its medical provider network. Mitchell rejected Palm Medical’s effort to obtain injunctive relief and found that Palm Medical had failed to present sufficient evidence that State Fund engaged in any unlawful conduct in handling Palm Medical’s application to join State Fund’s Medical Provider Network.

James C. Tudor, State Fund acting president, said, “We are extremely pleased with this verdict. ”

To view the court order go to: http://www.sftc.org.