Denise Rico sustained a specific injury to her upper extremities on 07/13/2021, and Zenith Insurance Company denied the claim on 10/08/2021. After the applicant's attorney requested a medical-legal report from treating physician Dr. Omid Haghighinia, D.C. of Medland Medical on a contested/denied claim, Medland filed a lien, and at trial the WCJ found the initial report dated 03/28/2022 compensable as an ML-201 valued at $2,015.00. Zenith petitioned for reconsideration, disputing only finding number 4 and arguing under Labor Code 4060(c) and 4062.2 that Dr. Haghighinia was not a Panel QME and his report could not be a compensable medical-legal report. The WCJ recommended denial, reasoning that under Labor Code 4060(b), 4064, and 4620(a), a treating physician's report addressing causation on a contested/denied claim qualifies as a compensable medical-legal expense. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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