KATHY WARD, Applicant,
v.
CITY OF DESERT HOT SPRINGS; permissibly self-insured And administered by HAZELRIGG RISK MANAGEMENT SERVICES, Defendant. Case
No. RIV 0069499
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State Of California
January 1, 2001
OPINION
AND DECISION
AFTER
RECONSIDERATION
AND
ORDER DENYING
REMOVAL
On July
31, 2006, we granted defendant's petition for
reconsideration or, in the alternative, petition for removal
of the Findings and Order of May 5, 2006, wherein the
workers' compensation administrative law judge (WCJ)
found, in relevant part: (1) that applicant claims to have
sustained industrial injury to her psyche and in the form of
various internal conditions from June 8, 2000, through June
8, 2005, while employed by defendant as a development
services manager; and (2) that medical reports regarding the
compensability of applicant's psychiatric and internal
injury claims must be obtained through the procedures
established by Labor Code sections 4060 and 4062.2;
therefore, defendant is not entitled to obtain a medical
evaluation of applicant pursuant to Labor Code section
4064(d). *
Defendant
contends that it is entitled to a medical evaluation of
applicant under section 4064(d), arguing that the amendments
to section 4060, together with the enactment of section
4062.2, did not eliminate the right of either party to obtain
at its own expense an admissible medical report from an
evaluation obtained pursuant to section 4064(d). Applicant
did not file an answer to defendant's petition, however,
the WCJ prepared a Report and Recommendation (Report)
suggesting that defendant's petition be dismissed, to the
extent it seeks reconsideration, and that it be denied, to
the extent it seeks removal.
For the
reasons set forth in the WCJ's Report, which we adopt and
incorporate by reference, and for the following reasons, we
hold that for claimed industrial injuries occurring on or
after January 1, 2005, in which the employee is represented
by an attorney: (1) pursuant to section 4060(c), medical
disputes regarding the compensability of the alleged
industrial injury must be resolved solely by the procedure
provided in section 4062.2; and (2) an evaluation regarding
compensability may not be obtained pursuant to section
4064(d) - and, if obtained, it is not admissible.
Therefore,
the Order of May 5, 2006, properly denied defendant's
request to compel applicant's examination pursuant to
section 4064(d). Accordingly, we will vacate our Order
Granting Reconsideration of July 31, 2006, dismiss
defendant's petition for reconsideration, as the...
