Home/Case Law/LUISA H. GARCIA vs. FOSTER ASSESSMENT, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

LUISA H. GARCIA vs. FOSTER ASSESSMENT, STATE COMPENSATION INSURANCE FUND

Filed: Mar 18, 2008
San Francisco
GRO 23394 GRO 29090

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The applicant sought reimbursement for a vocational expert's report used to challenge the applicable permanent disability rating schedule. The Appeals Board affirmed the WCJ's finding that the defendant was not liable for the cost of the report because the applicant failed to prove its necessity at the time it was incurred. The Board cited precedent holding that such costs are only reimbursable if reasonable and necessary, and the applicant did not demonstrate necessity for this particular report.

Full Decision Text1 Pages

The applicant sought reimbursement for a vocational expert's report used to challenge the applicable permanent disability rating schedule. The Appeals Board affirmed the WCJ's finding that the defendant was not liable for the cost of the report because the applicant failed to prove its necessity at the time it was incurred. The Board cited precedent holding that such costs are only reimbursable if reasonable and necessary, and the applicant did not demonstrate necessity for this particular report.

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