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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. SAL 0113062

Regular

Jan 02, 2008

, Maria LOURDES TAPIA, vs. REGENT ASSISTED LIVING, ALASKA NATIONAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision upholding a 24-visit limit for chiropractic treatment per industrial injury. The applicant argued that the statutory cap conflicted with the liberal construction mandate of Labor Code section 3202, but the Board found no ambiguity in the clear language of Labor Code section 4604.5(d)(1). The Board further clarified that the provision allowing employers to authorize additional visits in writing (LC 4604.5(d)(2)) did not remove the cap, nor did it render chiropractors meaningless within the workers' compensation system.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 4604.5(d)(1)chiropractic visitsoccupational therapyphysical therapyLiberal constructionLabor Code Section 3202employer authorizationFindings & Order

References

Case No. ADJ8835941

Regular

Dec 09, 2013

DARREN BEAN vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT & INDEMNITY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the petitioner's request for reconsideration of a prior decision. The original decision found that the applicant, Darren Bean, failed to prove an industrial injury sustained at Las Posas Country Club. This denial was based on the judge's report, which adopted the findings of fact and credibility assessments. The applicant's petition argued errors in relying on defense medical opinions and failing to apply Labor Code section 3202. However, the Board found the applicant lacked credibility due to inconsistent medical histories regarding prior injuries, and thus his treating physician's opinion was not substantial evidence.

WCABPetition for ReconsiderationDeniedCredibilityGarza v. Workmen's Comp. Appeals Bd.Las Posas Country ClubGallagher BassettGolf Cart AttendantCumulative TraumaNeck Injury

References

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, Maria LOURDES TAPIA, vs. REGENT ASSISTED LIVING, ALASKA NATIONAL INSURANCE

DARREN BEAN vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT & INDEMNITY, GALLAGHER BASSETT SERVICES

WCABPetition for ReconsiderationDeniedCredibilityGarza v. Workmen's Comp. Appeals Bd.Las Posas Country ClubGallagher BassettGolf Cart AttendantCumulative TraumaNeck Injury