Juanita Bradley (deceased) vs. County Of Placer

In this case, the Workers' Compensation Appeals Board granted reconsideration to further study the factual and legal issues regarding the reasonable cost of a medical-legal report. The Board found that there was an unresolved issue as to why the applicant's attorney failed to cancel the appointment with the Qualified Medical Evaluator (QME) in the face of an apparent agreement to use a different doctor as the Agreed Medical Evaluation (AME). The Board rescinded the WCJ's decision and returned the matter to the trial level for an evidentiary hearing on the merits of the applicant's claim that there was no agreement for an AME evaluation. The Board also noted that the parties and the QME should redouble their efforts to settle the lien

County Of Placer Juanita Bradley (Deceased) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUANITA BRADLEY (Deceased), Applicant,vs.COUNTY OF PLACER, Defendant.Case Nos. ADJ1700793 (SAC 0307437)ADJ3714832 (SAC 0307399)OPINION AND DECISION AFTER RECONSIDERATION            On June 13, 2011, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to further study the factual and legal issues, and to issue a Notice of Intention Re: Liability for Cost of Medical-Legal Report. This is our decision after reconsideration.            In the Joint Findings and Award of March 23, 2011, the workers’ compensation judge (WCJ) found, in relevant part, that defendant is liable for the reasonable cost of Dr. Adelberg’s medical-legal report in the amount of S4,237.50, plus a 10% penalty and 7% interest retroactive to November 30, 2007.            Defendant sought reconsideration of the WCJ’s decision, contending that the WCJ ignored a different WCJ’s order of June 12, 2007, compelling applicant’s attendance at an Agreed Medical Evaluation (AME) with Dr. Riemer on September 4, 2007, that the WCJ erred in relying on Labor Code section 4062(a), that the WCJ erred in determining that applicant and defendant did not reach timely agreement on the AME, that the WCJ erred in placing the burden on defendant to cancel an appointment with Dr. Adelberg, who was applicant’s Qualified Medical Evaluator (QME), that applicant’s attorney disregarded a Stipulation and Order dated August 3, 2006 and the June 12, 2007 order, and that the WCJ erred in finding that defendant failed to object to Dr. Adelberg’s billing.            The lien claimant, Adelberg Associates Medical Group, filed an answer.            As noted above, we granted reconsideration and issued a Notice of Intention Re: Liability for Cost of Medical-Legal Report. The NIT ordered that absent written objection filed with the Board within 15 days of the date of the Board’s order, the reasonable cost of Dr. Ade

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