WCPanelIQ
PanelQMEMed-legalLienGranted

De La Torre, Maria

MARIA DE LA TORRE, Applicant vs. WINDSOR GARDENS OF HAWTHORNE; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ236297
Decision date
Mar 1, 2026
District office
Santa Ana
WCJ
Not specified
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: head, neck, face, trunk, teeth, back, bilateral shoulders, right knee

LC §3202.5LC §4600LC §4610LC §5307.27LC §5705LC §5803LC §5900LC §5901LC §5907LC §5908LC §5908.5LC §5909LC §5950CCR §10600

Summary

The WCAB granted reconsideration of a WCJ's decision that disallowed Greywell Pharmacy's $51,265.83 lien for medications dispensed December 2015 through November 2016. The WCJ had found the pharmacy failed to prove the medications were reasonable and necessary, relying partly on a 2013 QME report expressing concern about the applicant's medication regimen. The Board found the WCJ erred by inappropriately relying on a QME report from 2013 that predated the disputed treatment by over two years and addressed different medications. The Board deferred final decision pending further review, noting the QME report was not substantial medical evidence regarding the specific medications at issue, though the prescribing physician's reports were also deficient in documenting medical necessity.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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