CompFox AI Summary
This case involves Dr. David Silver's petition for reconsideration of a WCAB decision denying his lien claim for medical treatment and costs. The WCJ previously found the applicant did not sustain industrial injury of fibromyalgia or headaches and that Dr. Silver's treatment was not reasonable or necessary. Dr. Silver contended the WCJ erred by not considering agreed medical examiner reports and by denying his costs. The Board denied reconsideration, finding Dr. Silver failed to meet his burden of proof by not properly introducing AME reports and that his own reports were not uncontroverted. The Board also upheld the denial of costs, noting defendant did not receive notice of the hearing on that issue.
Full Decision Text1 Pages
This case involves Dr. David Silver's petition for reconsideration of a WCAB decision denying his lien claim for medical treatment and costs. The WCJ previously found the applicant did not sustain industrial injury of fibromyalgia or headaches and that Dr. Silver's treatment was not reasonable or necessary. Dr. Silver contended the WCJ erred by not considering agreed medical examiner reports and by denying his costs. The Board denied reconsideration, finding Dr. Silver failed to meet his burden of proof by not properly introducing AME reports and that his own reports were not uncontroverted. The Board also upheld the denial of costs, noting defendant did not receive notice of the hearing on that issue.
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