RAMON LEON vs. UNIVERSITY OF CALIFORNIA AT SANTA BARBARA, Permissibly Self-Insured

This case concerns a defendant's appeal regarding an award of specific medical treatment (TENS unit and back brace) and attorney fees for industrial injuries sustained in 2001 and 2002. The defendant argued the treatment was not causally related to the accepted injuries and lacked prior notice for utilization review. The Appeals Board granted reconsideration to address the attorney fees. While affirming the need for medical treatment, the Board reversed the attorney fee award, citing Labor Code section 4607 and the Supreme Court's Smith decision, which limits such fees to instances of successfully resisting termination of treatment awards, not challenging denial of specific requests.