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The Appeals Board granted reconsideration and rescinded the WCJ's denial of a Swim-ex device installation, finding insufficient evidence. The WCJ had deemed the $70,000 estimated cost prohibitive, but the Board noted this estimate was unsubstantiated and cost alone shouldn't dictate the decision. The matter is returned to the trial level for further development of evidence regarding the necessity and cost of the recommended treatment to cure or relieve the industrial injury. The decision to allow a change of treating physician was upheld, but the entire decision was rescinded to avoid bifurcating issues.
Edward Maschke vs. SANTA BARBARA COUNTY EMPLOYEES UNION, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the WCJ's denial of a Swim-ex device installation, finding insufficient evidence. The WCJ had deemed the $70,000 estimated cost prohibitive, but the Board noted this estimate was unsubstantiated and cost alone shouldn't dictate the decision. The matter is returned to the trial level for further development of evidence regarding the necessity and cost of the recommended treatment to cure or relieve the industrial injury. The decision to allow a change of treating physician was upheld, but the entire decision was rescinded to avoid bifurcating issues.
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