CompFox AI Summary
This case concerns an applicant claiming industrial injury to his back and psyche, which the defendant initially denied. While an orthopedic QME found the back injury industrial, the defendant sought psychiatric QMEs. The WCJ denied this, foreclosing the defendant due to a timing issue regarding treating physician reports. The Appeals Board granted removal, finding that because the defendant never accepted the injury as compensable, Labor Code section 4060 still applied, permitting them to seek QME evaluations in psychiatry.
Full Decision Text1 Pages
This case concerns an applicant claiming industrial injury to his back and psyche, which the defendant initially denied. While an orthopedic QME found the back injury industrial, the defendant sought psychiatric QMEs. The WCJ denied this, foreclosing the defendant due to a timing issue regarding treating physician reports. The Appeals Board granted removal, finding that because the defendant never accepted the injury as compensable, Labor Code section 4060 still applied, permitting them to seek QME evaluations in psychiatry.
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