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| Case Name | Bergenstal v. WCAB | |
|---|---|---|
| Date | 04/09/2001 | |
| Note | Certain medical practitioners, who do not come within Labor Code section 3209.3, are authorized to provide services to an injured worker if the employer consents. | |
| Citation | 45 Cal.App.4th 1272, 61 CCC 437 | |
| WCC Citation | WCC 4092001 CA |
From September of 1991 to December of 1992, Doctors Bergenstal and Chaparro submitted reports regarding applicant's progress in therapy. In his January 20, 1993, letter to defendants, Doctor Bergenstal stated: 'I am the primary treating physician in this case. At the hearing of the disputed lien, Doctor Bergenstal was not represented by counsel. Although it would appear that Doctors Bergenstal and Chaparro have satisfied the supervision requirements of Business and Professions Code section 2913, no such finding has been made by the WCJ or the WCAB as the triers of fact. The matter is remanded to the WCAB for further proceedings, consistent with this opinion, to determine whether Doctor Bergenstal is entitled to compensation for the psychological treatment provided to applicant and the amount of any compensation.
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