GI KIM vs. COUNTY OF LOS ANGELES/PROBATION DEPARTMENT, Permissibly Self-Insured, Adjusted By ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed the WCJ's finding that a functional capacity evaluation was a reasonable and necessary medical-legal expense for proving new and further disability. The Board upheld the award of $997.89 for the evaluation, plus a 10% penalty and interest, as the defendant did not prevail in contesting the issue despite timely objection. However, the Board amended the decision to disallow reimbursement for the lien claimant's activation fee.