Molina, Nastassia

Cost petitioner Physical Rehabilitation Services (Dr. Arbi Mirzaians, D.C.), who served as applicant's primary treating physician on a denied cumulative trauma claim, sought reconsideration of a WCJ's F&O that found only its initial April 5, 2023 report reimbursable as a medical-legal expense while four subsequent reports (8/25/2023, 10/2/2023, 11/13/2023, 12/27/2023) were payable only as medical treatment reports. The Board granted reconsideration solely to correct clerical errors in dates of service but affirmed the WCJ's substantive conclusion. The Board held that the initial report qualified as medical-legal because applicant's attorney's election letter specifically requested a comprehensive medical-legal report to prove or disprove a disputed claim, but the later reports were routine progress reports under AD Rule 9785 with no specific request to address a disputed medical fact. The Board rejected the argument that record review or compliance with the ML202 fee schedule under Rule 9795(c) transformed treatment reports into medical-legal reports. The F&O was amended to reflect correct dates and the initial report was reclassified under ML201 rather than ML202.