Francisco Perez vs. King Taco Restaurants, Inc.; American Casualty

In this case, the Workers' Compensation Appeals Board granted reconsideration and amended the January 19, 2010 decision of the workers' compensation administrative law judge (WCJ). The Board found that the applicant, Francisco Perez, is entitled to reimbursement of all reasonable and necessary travel expenses related to the panel qualified medical examination by Steven J. Brockel, D.C. Sanctions were denied and the issue of penalties was deferred.

King Taco Restaurants, Inc.; American Casualty Francisco Perez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCISCO PEREZ, Applicant,vs.KING TACO RESTAURANTS, INC.; AMERICAN CASUALTY, Defendant(s).Case No. ADJ1938020 (LAO 0877660)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the July 21, 2010 Opinion and Decision AfterReconsideration, wherein Appeals Board amended the January 19. 2010 decision of the workers’compensation administrative law- judge (WCJ) and found that the applicant is entitled toreimbursement of travel expenses in the amount of $705.17 for his examination with Steven J.BrockeJ, that sanctions are not warranted, and that the issue of penalties should be deferred.            Defendant contends that the Appeals Board erred in finding that the applicant is entitled to reimbursement of travel expenses, arguing that applicant has not yet attended the panel qualified medical evaluation and it is unreasonable to require defendant to pay for more than 185 miles of travel.            We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have not received an answer from applicant. For the reasons discussed below, we will grant reconsideration and amend the January 19, 2010 decision to find that applicant is entitled to reasonable travel expenses, and otherwise affirm our prior decision.            In reviewing the record in this matter, we note that it appears that applicant has not yet attended the panel qualified medical evaluation with Dr. Brockel. Because defendant is not required to reimburse the applicant until the applicant attends the evaluation, we will grant , reconsideration and amend our decision 10 find that applicant is entitled to reimbursement for all reasonable and necessary expenses incurred in connection with attendance at the panel qualified medical evaluation.            With respect to defendant’s co

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