Nonmedical transportation request approved despite UR and IMR denied requests
- Posted By: Harvey Brown
- May 1, 2022
This is an order denying reconsideration case
This is a very significant case for workers’ compensation principles.
The applicant had an accepted injury to her neck. Applicant’s primary treating physician determined that the applicant was not able to drive. The applicant relied on her father for rideshare services for her activities of daily living.
A vocational expert indicated the applicant could not drive herself anywhere. Applicant’s attorney made a request for transportation assistance by a secondary treater. The secondary treater indicated the applicant was unable to drive or take public transportation.
The Utilization Review did not address the transportation because it was not within the scope of UR. Applicant’s attorney filed an Independent Medical Review application and The Administrative Director denied the request because it was not transportation for a medical treatment to cure or relieve the injury.
An expedited hearing was held on the issue of transportation for activities of daily living. The Workers’ Compensation Judge (WCJ) determined the applicant needed transportation for performance of assistance of daily living. Defendant filed a petition for reconsideration.
The Workers’ Compensation Appeals Board (WCAB) indicated that transportation could be provided for nonmedical reasons for attending assisted daily living if there was substantial medical evidence to support it. They ruled there was here.
Onruang v UCLA
Samuelsen, Gonzalez, Valenzuela & Brown
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