Home/Case Law/KENNETH DUNCAN vs. COUNTY OF VENTURA, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

KENNETH DUNCAN vs. COUNTY OF VENTURA, STATE COMPENSATION INSURANCE FUND

Filed: Mar 10, 2017
Santa Barbara
ADJ3438513 (VEN 0012683)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board found that the defendant unilaterally ceased providing medical treatment (board and care/assisted living) without substantial medical evidence proving it was no longer reasonably required. Citing Patterson v. The Oaks Farm, the Board held the defendant bears the burden of proof for discontinuing authorized treatment. As the defendant acknowledged providing this benefit for decades and failed to demonstrate a change in circumstances, their petition was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board found that the defendant unilaterally ceased providing medical treatment (board and care/assisted living) without substantial medical evidence proving it was no longer reasonably required. Citing Patterson v. The Oaks Farm, the Board held the defendant bears the burden of proof for discontinuing authorized treatment. As the defendant acknowledged providing this benefit for decades and failed to demonstrate a change in circumstances, their petition was denied.

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