DARLENE ROWE vs. HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT, INTERCARE INSURANCE
The Workers' Compensation Appeals Board denied Darlene Rowe's petition for reconsideration, upholding the WCJ's finding that she did not sustain industrial injury to her back, knee, or upper extremities. The Board found that Applicant's counsel misunderstood the burden of proof and the medical dispute resolution procedures. Specifically, the Board noted that Dr. Green's reports were the sole medical evidence, and even if insufficient, it meant Applicant failed to meet her burden. Furthermore, the Board clarified the proper procedures for initiating evaluations under Labor Code sections 4060 and 4062, placing the onus on Applicant's counsel to ensure necessary evaluations were conducted by the Agreed Medical Evaluator.