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PALM MED. GROUP v. STATE COMP. INS. FUND

No. A114651.

74 Cal.Rptr.3d 266 (2008)

161 Cal.App.4th 206

PALM MEDICAL GROUP, INC., Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND, Defendant and Appellant.

Court of Appeal of California, First District, Division Three.

March 25, 2008.

Attorney(s) appearing for the Case

Roxborough, Pomerance & Nye LLP, Drew E. Pomerance, Erin M. LaBrache, Woodland Hills, for plaintiff and appellant Palm Medical Group, Inc.

David Bryan Leonard, as amicus curiae on behalf of plaintiff.

State Compensation Insurance Fund, Robert W. Daneri, Vera C. DeMartini, San Francisco, Sonnenschein Nath & Rosenthal LLP, Paul E.B. Glad, Steven H. Frankel, Sean McEneaney, San Francisco, for defendant and appellant State Compensation Insurance Fund.

Thelen Reid Brown Raysman & Steiner LLP, Daniel Sovocool, Jennifer McGlone, San Francisco, for California Chamber of Commerce as amicus curiae on behalf of defendant.

Law Offices Of Saul Allweiss, Michael A. Marks, San Francisco, for California Workers' Compensation Institute as amicus curiae on behalf of defendant.

Donald H. Crane, Burbank, for California Association of Physician Groups as amicus curiae on behalf of defendant.

Gretchen M. Lachance, for California Association of Health Plans as amicus curiae on behalf of defendant.

POLLAK, J.

Palm Medical Group, Inc. (Palm), an occupational medical clinic located in Fresno, was denied admission into the preferred provider network (PPN) operated by State Compensation Insurance Fund (SCIF), a California public enterprise fund operating throughout the state as a nonprofit workers' compensation insurer. After a four-week trial, a jury found that SCIF had excluded Palm in violation of the common law fair procedure doctrine and awarded Palm damages...

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