CompFox AI Summary
This case involves petitions for reconsideration from the applicant and lien claimants Sycamore Pharmacy and Bloch Medical Clinic regarding a WCJ's decision disallowing their liens. The WCJ found no industrial injury to the psyche and disallowed the liens because the primary treating physician, Dr. Schiffman, never adopted or commented on the secondary physicians' reports, failing to comply with Labor Code section 4061.5 and Rule 9785. The Board denied reconsideration, finding the lien claimants failed to meet their burden of proof, the tendered "newly discovered" evidence was not newly discovered, and the defendant did not waive their right to raise the issue of the primary physician's non-adoption.
Full Decision Text1 Pages
This case involves petitions for reconsideration from the applicant and lien claimants Sycamore Pharmacy and Bloch Medical Clinic regarding a WCJ's decision disallowing their liens. The WCJ found no industrial injury to the psyche and disallowed the liens because the primary treating physician, Dr. Schiffman, never adopted or commented on the secondary physicians' reports, failing to comply with Labor Code section 4061.5 and Rule 9785. The Board denied reconsideration, finding the lien claimants failed to meet their burden of proof, the tendered "newly discovered" evidence was not newly discovered, and the defendant did not waive their right to raise the issue of the primary physician's non-adoption.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.