Green, Marlon

Marlon Green, a groundskeeper for UC Berkeley, claimed an industrial injury to his head, nose, and left shoulder on July 13, 2019; the claim was accepted and later settled by Compromise and Release. Lien claimant Dr. Gary Martinovsky, the primary treating physician, sought payment for four reports, three of which contested UR denials of treatment he had requested. The WCJ ordered the July 9, 2020, April 13, 2021, and July 24, 2021 reports paid at the medical-legal rate under CCR 9795, and the January 28, 2021 report at the PR2 rate. Defendant argued it was not liable for med-legal expenses generated to contest UR decisions and that no contested claim existed. The Board denied reconsideration, holding that reports a PTP produces to contest a UR denial constitute medical-legal expenses incurred by the applicant under Labor Code section 4620.