Martin, Jenny

Applicant Jenny Martin alleged a cumulative trauma injury (8/1/2016–5/3/2019) as a production manager; the underlying claim was denied by the employer on 9/4/2019 and the normal issues were resolved via an Order Approving Compromise & Release on 8/4/22. The remaining dispute concerned the medical-legal lien of internist Darrell Burstein, M.D., for services on or about June 2, 2020 and August 12, 2021. The WCJ found Dr. Burstein performed valid medical-legal services and awarded reasonable value plus penalty and interest, finding the applicant's attorney referred her to Dr. Burstein. Defendant sought reconsideration, arguing the record lacked documentation of an attorney request for a med-legal evaluation, that Dr. Burstein was a secondary treating physician (referred by Dr. Curtis) rather than the PTP, and that his report was not substantial medical evidence. The Appeals Board granted reconsideration, finding it unclear whether the legal issues were properly identified, whether the record supports the WCJ's conclusions, and whether further development of the record is needed, and deferred a final decision after reconsideration.