Northgate Garage Door And Superior National Insurance Company, In Liquidation, By Intercare Insurance For CIBA Tracie Brooks WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATRACIE BROOKS, Applicant,vs. NORTHGATE GARAGE DOOR And SUPERIOR NATIONAL INSURANCE COMPANY, In Liquidation, By INTERCARE INSURANCE FOR CIGA, Defendant.Case Nos. SRO 0105138; SRO 0105139OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISIONAFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Orders of November 2, 2007, in which the workers compensation administrative law judge (WCJ) found that a request for pre-15 payment of mileage for a medical-legal mileage evaluation ordered by applicant’s counsel is not a basis for an Expedited Hearing under Labor Code section 5502(b), and that the WCJ “does not have a statutory basis to order pre-payment of medical-legal mileage prior to the actual medical appointment.” Applicant contends, in substance, that driver-assisted transportation to medical appointments is an appropriate subject for an Expedited Hearing, that there is ample support in the law that a WCJ can order defendant to pay for and authorize recommendations by the Agreed Medical Evaluator (AME), and that reasonableness and judicial efficiency require a finding that applicant be provided with driver-assisted transportation in advance of all medical appointments. Defendant filed an answer. We adopt and incorporate the “Introduction” and “Facts” sections of the WCJ Report and Recommendation, which describes the relevant facts. We do not adopt or incorporate the remainder of the Report. , According to the Minutes of Hearing of the October 16, 2007 Expedited Hearing (p. 2), defendant provided applicant with transportation to treatment appointments and the AME, but refused to provide applicant with transportation to two QME appointments set by her attorney. We begin by concluding that, under the
Tracie Brooks vs. Northgate Garage Door And Superior National Insurance Company, In Liquidation, By Intercare Insurance For CIBA
In this case, the applicant, Tracie Brooks, sought reconsideration of a decision by the workers compensation administrative law judge (WCJ) that the WCJ did not have a statutory basis to order pre-payment of medical-legal mileage prior to the actual medical appointment. The WCAB concluded that driver-assisted transportation to medical appointments was an appropriate subject for an Expedited Hearing, and that the WCAB had equitable power to order pre-payment of medical-legal mileage prior to the actual medical appointment. The WCAB granted reconsideration and ordered that the defendant must provide applicant with a driver to her QME medical appointment.
- Filed On:
- Court: California, Santa Rosa
- Case No. SRO0105138
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