Home/Case Law/RAMON ZIEBA vs. BAILLY SHOWCASE, SAFECO INSURANCE COMPANY
Regular DecisionReconsideration

RAMON ZIEBA vs. BAILLY SHOWCASE, SAFECO INSURANCE COMPANY

Filed: Apr 29, 2011
San Francisco
ADJ1167311 (LBO 0303498) ADJ749429 (LBO 0296277)

CompFox AI Summary

The Workers' Compensation Appeals Board denied lien claimant Dr. Halote's petition for reconsideration. Dr. Halote sought reimbursement for psychiatric treatment, arguing it was separate from a psychiatric injury claim. However, the only issue presented at trial was whether the applicant sustained a psychiatric injury arising out of and occurring in the course of employment. The Board found that the issue of the reasonableness of psychiatric treatment, for admitted orthopedic injuries, was not raised at trial and was therefore waived. Thus, the Board denied reconsideration as Dr. Halote could not raise this new issue for the first time on appeal.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied lien claimant Dr. Halote's petition for reconsideration. Dr. Halote sought reimbursement for psychiatric treatment, arguing it was separate from a psychiatric injury claim. However, the only issue presented at trial was whether the applicant sustained a psychiatric injury arising out of and occurring in the course of employment. The Board found that the issue of the reasonableness of psychiatric treatment, for admitted orthopedic injuries, was not raised at trial and was therefore waived. Thus, the Board denied reconsideration as Dr. Halote could not raise this new issue for the first time on appeal.

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RAMON ZIEBA vs. BAILLY SHOWCASE, SAFECO INSURANCE COMPANY (2011) – San Francisco | CompFox