Los Angeles Times v. WCAB (Herbinger) (2005) 70 CCC 504 [writ denied]

In Herbinger, WCJ Delaterre ruled against the insurer’s attempt to use the ACOEM guidelines (among other things) to deny requested medical care for a chronically injured worker. In relevant part, the WCJ opined:

“[The ACOEM Guidelines are] related to acute medical treatment within the first few days to the first four to six weeks following the injury and that the ACOEM Guidelines were accordingly inapplicable.”

To no avail, the insurer appealed upward and was denied by both a panel of commissioners at the WCAB (request for reconsideration denied), and the Second District Court of Appeals (writ denied).