Monclus, Jose

Roberta L. Falke, Ph.D., served as a Panel QME evaluating applicant Jose Monclus for a claimed psychiatric cumulative trauma injury, and billed $8,375.00 for her services obtained under Labor Code section 4062. The WCJ permitted defendant City of Santa Barbara to apply a prior $5,220.00 credit (arising from an EDD lien resolution and credit 'against all species of benefits') to offset payment of the QME bill, leaving only $3,155.00 owed to Dr. Falke. The cost petitioner sought reconsideration, arguing her QME services constituted a medical-legal expense under section 4620, not a 'benefit' conferred upon applicant. The Board agreed, holding that a credit against applicant's benefits cannot be applied to offset a defendant's statutory liability to a third-party medical-legal provider. The Board rescinded the F&A and substituted a new one finding defendant liable for the full $8,375.00 plus interest and penalties under section 4622, deferring the issue of sanctions.