CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that deemed a defense medical report admissible but insufficient to justify denial of treatment and ordered treatment consistent with the applicant's treating physician. The WCAB found both Dr. Lipton's report inadmissible as substantial evidence due to its age and lack of examination, and Dr. Dayton's treatment recommendations deficient for not specifying industrial injury causation. Consequently, the WCAB rescinded the previous order, returning the case for further development of the record to determine necessary industrial injury treatment and to allow for a proper medical-legal evaluation. The Board denied removal but granted reconsideration to correct the procedural and substantive issues regarding medical evidence and treatment authorization.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that deemed a defense medical report admissible but insufficient to justify denial of treatment and ordered treatment consistent with the applicant's treating physician. The WCAB found both Dr. Lipton's report inadmissible as substantial evidence due to its age and lack of examination, and Dr. Dayton's treatment recommendations deficient for not specifying industrial injury causation. Consequently, the WCAB rescinded the previous order, returning the case for further development of the record to determine necessary industrial injury treatment and to allow for a proper medical-legal evaluation. The Board denied removal but granted reconsideration to correct the procedural and substantive issues regarding medical evidence and treatment authorization.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.