CompFox AI Summary
This case involves a lien claimant, Jennifer Scott, seeking reconsideration after her $$750.00$ lien for a doctor's report was disallowed. The WCJ found the report not to be an allowable medical-legal cost. The petition for reconsideration was dismissed primarily because it was unverified, a requirement under Labor Code section 5902, and the defect was not cured. Even if considered on the merits, the Board would have denied the petition, adopting the WCJ's reasoning that the report was not a compensable medical-legal expense. The report was procured at the applicant's attorney's request, not by an authorized medical evaluator, and the attorney failed to establish the doctor's qualifications as an expert rater.
Full Decision Text1 Pages
This case involves a lien claimant, Jennifer Scott, seeking reconsideration after her $$750.00$ lien for a doctor's report was disallowed. The WCJ found the report not to be an allowable medical-legal cost. The petition for reconsideration was dismissed primarily because it was unverified, a requirement under Labor Code section 5902, and the defect was not cured. Even if considered on the merits, the Board would have denied the petition, adopting the WCJ's reasoning that the report was not a compensable medical-legal expense. The report was procured at the applicant's attorney's request, not by an authorized medical evaluator, and the attorney failed to establish the doctor's qualifications as an expert rater.
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