Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4060(b)
Labor Code section 4060(b) allows a medical-legal evaluation by the treating physician.
The Board applied this to find lien claimant entitled to reimbursement for the medical-legal evaluation.
From the decision · page 2With regard to reimbursement of medical-legal services, Labor Code section 4060(b)1
allows a medical-legal evaluation by the treating physician. Section 4620(a) defines medical-legal
expense as "any costs and expenses...for the purpose of proving or disproving a contested claim."
Section 4064(a) provides that the employer is liable for the cost of a comprehensive medical
evaluation that is authorized by section 4060. (See also, Warren Brower v David Jones
Construction (2014) 79 Cal.Comp.Cases 550 (Appeals Board en banc).)
Labor Code section 4620(a)
Labor Code section 4620(a) defines medical-legal expense as costs for proving or disproving a contested claim.
The Board applied this to determine the nature of medical-legal expenses and contested claims.
From the decision · page 2With regard to reimbursement of medical-legal services, Labor Code section 4060(b)1
allows a medical-legal evaluation by the treating physician. Section 4620(a) defines medical-legal
expense as "any costs and expenses...for the purpose of proving or disproving a contested claim."
Section 4064(a) provides that the employer is liable for the cost of a comprehensive medical
evaluation that is authorized by section 4060. (See also, Warren Brower v David Jones
Construction (2014) 79 Cal.Comp.Cases 550 (Appeals Board en banc).)
Labor Code section 4064(a)
Labor Code section 4064(a) provides employer liability for costs of comprehensive medical evaluations authorized by section 4060.
The Board applied this to hold employer liable for medical-legal evaluation costs.
From the decision · page 2With regard to reimbursement of medical-legal services, Labor Code section 4060(b)1
allows a medical-legal evaluation by the treating physician. Section 4620(a) defines medical-legal
expense as "any costs and expenses...for the purpose of proving or disproving a contested claim."
Section 4064(a) provides that the employer is liable for the cost of a comprehensive medical
evaluation that is authorized by section 4060. (See also, Warren Brower v David Jones
Construction (2014) 79 Cal.Comp.Cases 550 (Appeals Board en banc).)
Labor Code section 5904
Labor Code section 5904 provides that issues not raised in a petition for reconsideration are waived.
The Board applied this to affirm denial of reimbursement for medical treatment services due to waiver of challenge.
From the decision · page 3We will not disturb the WCJ's finding that lien claimant is not entitled to reimbursement
for medical treatment services because lien claimant did not prove that applicant sustained
compensable industrial injury. As noted above, lien claimant did not challenge or address the
finding as to AOE/COE in the Petition. (Lab. Code, § 5904 [Petitioner is deemed to have waived
an issue that is not raised in the petition for reconsideration].)