Home/Case Law/BETTY DORN vs. HEILIG MANUFACTURING, LUMBERMENS MUTUAL CASUALTY COMPANY
Regular DecisionReconsideration

BETTY DORN vs. HEILIG MANUFACTURING, LUMBERMENS MUTUAL CASUALTY COMPANY

Filed: Mar 09, 2009
San Francisco
ADJ2328508 (FRE 0173522)

CompFox AI Summary

This case involves a lien claimant seeking reconsideration of a WCJ's decision to deny most of its claim for chiropractic services. The WCJ limited the award to treatment rendered before the applicant was notified to seek care within the employer's Medical Provider Network (MPN). The lien claimant argued the WCJ improperly relied on a QME's report and should have considered a second QME's report finding a "serious chronic condition" justifying out-of-MPN treatment. The Appeals Board affirmed the WCJ's decision, finding the first QME's report constituted substantial evidence, the request for a second QME was improperly made by the lien claimant after objections to the first report's timeliness were waived, and the lien claimant failed to prove its MPN membership.

Full Decision Text1 Pages

This case involves a lien claimant seeking reconsideration of a WCJ's decision to deny most of its claim for chiropractic services. The WCJ limited the award to treatment rendered before the applicant was notified to seek care within the employer's Medical Provider Network (MPN). The lien claimant argued the WCJ improperly relied on a QME's report and should have considered a second QME's report finding a "serious chronic condition" justifying out-of-MPN treatment. The Appeals Board affirmed the WCJ's decision, finding the first QME's report constituted substantial evidence, the request for a second QME was improperly made by the lien claimant after objections to the first report's timeliness were waived, and the lien claimant failed to prove its MPN membership.

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BETTY DORN vs. HEILIG MANUFACTURING, LUMBERMENS MUTUAL CASUALTY COMPANY (2009) – San Francisco | CompFox