Home/Case Law/MARTHA MORALES vs. RICK BORQUEZ, D.D.S., STATE FARM INSURANCE
Regular DecisionWorkers' Compensation

MARTHA MORALES vs. RICK BORQUEZ, D.D.S., STATE FARM INSURANCE

Filed: May 08, 2014
ADJ1635668 (OXN 0148383)

CompFox AI Summary

This case involves a lien claimant seeking payment for psychiatric treatment and medication provided to the applicant. The initial WCJ disallowed the lien, finding the psychiatric treatment was not for a compensable consequence of the industrial injury and that the lien claimant failed to meet its burden of proof. The Appeals Board rescinded this decision, holding that the applicant's psychiatric condition was a compensable consequence of the industrial injury, as evidenced by the Compromise and Release, a QME's report, and the employer's prior payments for such treatment. The matter was returned to the trial level for further proceedings to determine the amount due to the lien claimant.

Full Decision Text1 Pages

This case involves a lien claimant seeking payment for psychiatric treatment and medication provided to the applicant. The initial WCJ disallowed the lien, finding the psychiatric treatment was not for a compensable consequence of the industrial injury and that the lien claimant failed to meet its burden of proof. The Appeals Board rescinded this decision, holding that the applicant's psychiatric condition was a compensable consequence of the industrial injury, as evidenced by the Compromise and Release, a QME's report, and the employer's prior payments for such treatment. The matter was returned to the trial level for further proceedings to determine the amount due to the lien claimant.

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MARTHA MORALES vs. RICK BORQUEZ, D.D.S., STATE FARM INSURANCE (2014) – | CompFox