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Regular DecisionWorkers' Compensation

John McMillen vs. CITY OF MERCED, TRISTAR RISK MANAGEMENT

Filed: Jun 09, 2016
Fresno
ADJ133746 (FRE 0206041)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding a lien claimant's medical treatment expenses. The WCAB found that the lien claimant met their burden of proof for treatment rendered on January 4, 2005, and August 30, 2005, as it was reasonable and necessary to relieve the applicant's industrial injury effects and consistent with prior expert opinions. However, the WCAB upheld the finding that the claimant failed to prove the necessity of diagnostic testing on September 20, 2004, and denied the defendant's petition for sanctions. The matter was returned to the trial level to determine the amount owed for the approved dates of service.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding a lien claimant's medical treatment expenses. The WCAB found that the lien claimant met their burden of proof for treatment rendered on January 4, 2005, and August 30, 2005, as it was reasonable and necessary to relieve the applicant's industrial injury effects and consistent with prior expert opinions. However, the WCAB upheld the finding that the claimant failed to prove the necessity of diagnostic testing on September 20, 2004, and denied the defendant's petition for sanctions. The matter was returned to the trial level to determine the amount owed for the approved dates of service.

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John McMillen vs. CITY OF MERCED, TRISTAR RISK MANAGEMENT (2016) – Fresno | CompFox