Home/Case Law/JOSE AMADO vs. LYNN RAUSCH, GRANITE STATE INSURANCE COMPANY
Regular DecisionReconsideration

JOSE AMADO vs. LYNN RAUSCH, GRANITE STATE INSURANCE COMPANY

Filed: Nov 09, 2017
ADJ4009153 (VNO 0530849)

CompFox AI Summary

This case concerns a lien claimant's petition for reconsideration of a WCJ's decision denying liability for a psychological report. The WCJ found the report was a medical-legal report, but not dispositive on any issue, and that the defendant was not liable for its cost. The Appeals Board denied reconsideration, agreeing that the lien claimant failed to demonstrate the report was authorized under the relevant statutes (Labor Code § 4062.2) as it was not obtained from a Qualified Medical Evaluator panel. Furthermore, the claimant did not prove the psychological services were essential to cure or relieve the effects of the admitted industrial orthopedic injuries, especially since the underlying psyche claim was already denied.

Full Decision Text1 Pages

This case concerns a lien claimant's petition for reconsideration of a WCJ's decision denying liability for a psychological report. The WCJ found the report was a medical-legal report, but not dispositive on any issue, and that the defendant was not liable for its cost. The Appeals Board denied reconsideration, agreeing that the lien claimant failed to demonstrate the report was authorized under the relevant statutes (Labor Code § 4062.2) as it was not obtained from a Qualified Medical Evaluator panel. Furthermore, the claimant did not prove the psychological services were essential to cure or relieve the effects of the admitted industrial orthopedic injuries, especially since the underlying psyche claim was already denied.

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