CompFox AI Summary
The Workers' Compensation Appeals Board affirmed an award of $2,737.50 for an expert witness's trial testimony, clarifying that such expenses are permissible costs under Labor Code section 5811. The Board held that the expert's testimony regarding the necessity of home health care services was relevant to the lien claimants' burden of proof, even though the primary injury claim was ultimately unsuccessful. This decision distinguishes between medical-legal expenses and trial witness costs, allowing for the latter when reasonably incurred for essential elements of a lien claim. The Board found the expert's testimony necessary for the lien claimants to establish all elements of their case.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed an award of $2,737.50 for an expert witness's trial testimony, clarifying that such expenses are permissible costs under Labor Code section 5811. The Board held that the expert's testimony regarding the necessity of home health care services was relevant to the lien claimants' burden of proof, even though the primary injury claim was ultimately unsuccessful. This decision distinguishes between medical-legal expenses and trial witness costs, allowing for the latter when reasonably incurred for essential elements of a lien claim. The Board found the expert's testimony necessary for the lien claimants to establish all elements of their case.
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