Rose Marie Rodriguez vs. Hi-Desert Memorial; Alpha Fund

This case is about Rose Marie Rodriguez, a licensed vocational nurse, who sustained an industrial injury to her left thumb while employed on July 27, 2004 (ADJ1936437) and from March 30, 2005 through March 30, 2006 (ADJ211616). She claimed injury to her psyche as a result of her physical injury. After a lien trial, the Workers' Compensation Appeals Board found that the psychiatric injury was predominantly caused by the industrial physical injury and was therefore compensable. The Board denied the defendant's petition for reconsideration and ordered that the psychiatric treatment costs be reimbursed to the lien claimants.

Hi-Desert Memorial; Alpha Fund Rose Marie Rodriguez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSE MARIE RODRIGUEZ, Applicant,vs.HI-DESERT MEMORIAL; ALPHA FUND, Defendant(s).Case Nos. ADJ1936437 (RIV 0070095)ADJ211616 (RIV 0073390)OPINION AND ORDER DENYING RECONSIDERATION            Defendant seeks reconsideration of the Supplemental Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on March 25, 2011, wherein the WCJ found that lien claimants are entitled to reimbursement for psychiatric treatment they provided to applicant. At the lien trial held on December 14, 2010, the parties stipulated that applicant, while employed as a licensed vocational nurse on July 27, 2004 (ADJ1936437), and from March 30, 2005 through March 30, 2006 (ADJ211616), sustained industrial injury to her left thumb. At issue was whether her claim of psyche injury was a compensable consequence of her orthopedic injury.            Defendant contends the WCJ erred in awarding psychiatric treatment costs to lien claimants, arguing that lien claimants have not met their threshold burden to show that applicant sustained compensable psychiatric injury as a result of her orthopedic injury pursuant to Labor Code section 3208.3(b)(1).1 Defendant also argues that it was not required to refer the dispute over psychiatric treatment to utilization review.            We have considered the allegations of the petition for reconsideration and the contents of the WCJ’s Report and Recommendation of Judge on Petition for Reconsideration (Report). No answer was received. Based on our review of the record, and for the reasons stated herein, as well as for those stated by the WCJ in the Report, we will deny reconsideration. 1 Unless otherwise stated, all further statutory references are to the Labor Code. , FACTS            As relevant here, applicant, while employed as a licensed vocational nurse on July 27, 2004 (ADJ1936437), and from March 30, 2005 through March 30,

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