is a case in which Maria Lourdes Tapia, an employee of Regent Assisted Living, filed a Petition for Reconsideration after the Workers’ Compensation Appeals Board denied her request for additional chiropractic visits beyond the 24 visits allowed by the Labor Code. The Board denied her Petition for Reconsideration, citing that the right to workers’ compensation benefits is wholly statutory and the Legislature may limit the benefits to which an industrially-injured employee is entitled. The Board also noted that the statement in section 4604.5(d)(2) that an employer can voluntarily provide in excess of the 24 statutory-allowed visits does not come into play.
Regent Assisted Living And Alaska National Insurance Maria Lourdes Tapia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA LOURDES TAPIA, Applicantvs.REGENT ASSISTED LIVING and ALASKA NATIONAL INSURANCE, Defendant(s)CaseNo SAL 0113062ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. The right to workers’ compensation benefits is wholly statutory. (DuBois v. Workers’ Comp. Appeals Bd. (1993) 5 Cal.4th 382, 388 [58 Cal. Comp. Cases 286, 290]; Johnson v. Workmen’s Comp. Appeals Bd. (1970) 2 Cal.3d 964, 972 [35 Cal.Comp.Cases 362, 367]; Le Parc Community Ass’n v. Workers’ Comp. Appeals Bd. (Curren) (2003) 110 Cal.App.4th 1161, 1171 [68 Cal.Comp.Cases 1041, 1049]; Nor
