Home/Case Law/EVA RODRIGUEZ vs. AMERIKLEEN, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

EVA RODRIGUEZ vs. AMERIKLEEN, STATE COMPENSATION INSURANCE FUND

Filed: Apr 15, 2009
San Francisco
ADJ1347643

CompFox AI Summary

The Appeals Board granted reconsideration to address inconsistencies in the trial judge's findings regarding lien claimant Cordova Chiropractic's treatment dates. The Board found the record unclear as to which specific treatment dates were disallowed and whether Dr. Park's QME report was properly considered. Specifically, the Board noted that Dr. Park's report appeared to approve past medical care, including May 2008 treatments rejected by the trial judge, and that the trial judge's reasoning for disallowing treatment lacked clear justification. The case is returned to the trial level for further proceedings to clarify the record and ensure proper application of relevant medical guidelines.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to address inconsistencies in the trial judge's findings regarding lien claimant Cordova Chiropractic's treatment dates. The Board found the record unclear as to which specific treatment dates were disallowed and whether Dr. Park's QME report was properly considered. Specifically, the Board noted that Dr. Park's report appeared to approve past medical care, including May 2008 treatments rejected by the trial judge, and that the trial judge's reasoning for disallowing treatment lacked clear justification. The case is returned to the trial level for further proceedings to clarify the record and ensure proper application of relevant medical guidelines.

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