CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level. The Board found insufficient evidence to determine if lien claimant National Script Pharmacy's services fell within the statutory delay period for treatment authorization under Labor Code section 5402(c). Furthermore, the Board noted that the issue of a doctor's indictment, which could have triggered a stay under Labor Code section 4615, was not properly raised or proven to apply to the lien claim. Ultimately, the case was remanded for further proceedings to clarify these critical evidentiary and legal issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level. The Board found insufficient evidence to determine if lien claimant National Script Pharmacy's services fell within the statutory delay period for treatment authorization under Labor Code section 5402(c). Furthermore, the Board noted that the issue of a doctor's indictment, which could have triggered a stay under Labor Code section 4615, was not properly raised or proven to apply to the lien claim. Ultimately, the case was remanded for further proceedings to clarify these critical evidentiary and legal issues.
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