Santa Barbara Cottage Hospital; Keenan & Associates Lois M. Housman WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALOIS M. HOUSMAN, Applicant,vs. SANTA BARBARA COTTAGE HOSPITAL; KEENAN & ASSOCIATES, Defendant(s).Case No. GOL 0099075; GOL0099076; GOL 0099077; GOL 0100393OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant, Santa Barbara Cottage Hospital, permissibly self-insured, has filed a petition for reconsideration of the Findings and Award, issued October 22, 2007, in which a workers’ compensation administrative law judge (WCJ) found applicant, Lois M. Housman, is entitled to further medical treatment in the form of a weight loss program and a psyche evaluation with Dr. Errico. Defendant contends the WCJ exceeded his authority in ordering defendant to provide the psyche evaluation, arguing that the evaluation should not be required because it timely denied applicant’s claim of injury to the psyche, because the referral by applicant’s primary treating physician was not recommended by the Agreed Medical Examiner, and because applicant failed to comply with the requirements of Labor Code sections 4060, 4062 and 4062.2.1 Following our review of the record, and for the reasons set forth below, we shall grant reconsideration to amend the Findings and Award so the parties may follow the process provided in section 4062.2 to resolve the dispute. 1 [sub]All further statutory references are to the Labor Code.[/sub] , Background Applicant sustained an admitted injury to her right knee and lumbar spine on July 12, 2005, while employed by Santa Barbara Cottage Hospital as a registered nurse. She also claims to have sustained an injury to her psyche. Applicant’s primary treating orthopedist is Dr. Alan Moelleken. In August of 2006, the parties selected Dr. Scheinberg to evaluate applicant’s orthopedic injuries as an Agreed Medical Examiner (AME) in the field of orthopedics. In
Lois M. Housman vs. Santa Barbara Cottage Hospital; Keenan & Associates
In this case, the Workers' Compensation Appeals Board granted reconsideration to amend the Findings and Award so the parties may follow the process provided in section 4062.2 to resolve the dispute between Santa Barbara Cottage Hospital and Lois M. Housman. The dispute was over Housman's entitlement to further medical treatment in the form of a weight loss program and a psyche evaluation with Dr. Errico. The Board found that Housman was entitled to the weight loss program, and that the parties should follow the procedure set forth in Labor Code section 4062.2 to resolve the issue of Housman's need for a pain psychology consultation.
- Filed On:
- Court: California, San Francisco
- Case No. GOL0099075
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