CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and reversed the prior award to lien claimant Neurolink Medical Corporation (NMC). NMC failed to meet its burden of proving that the diagnostic procedure it performed on November 16, 2010, was reasonably required to cure or relieve the applicant's industrial injury. Crucially, there was no evidence that the applicant's primary treating physician ever received or commented on the results of this repeat diagnostic test, which had previously yielded normal results. Therefore, NMC's lien claim was denied for lack of substantial evidence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and reversed the prior award to lien claimant Neurolink Medical Corporation (NMC). NMC failed to meet its burden of proving that the diagnostic procedure it performed on November 16, 2010, was reasonably required to cure or relieve the applicant's industrial injury. Crucially, there was no evidence that the applicant's primary treating physician ever received or commented on the results of this repeat diagnostic test, which had previously yielded normal results. Therefore, NMC's lien claim was denied for lack of substantial evidence.
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