Agosto-Cisneros v. Hack’s Food Safety Specialists (2023 Cal. Wrk. Comp. P.D. LEXIS 329)

The WCAB held that the applicant was entitled to temporary disability benefits when the defendant failed to authorize an MRI of the lumbar spine and consultation with specialists requested by the treating physician.

The WCAB explained that the statutory duty to pay temporary disability compensation continues during the period in which an injured worker, while unable to work, is undergoing medical diagnostic procedures and treatment for an industrial injury.

The WCAB found that the defendant’s failure to authorize the referrals to the specialists in a timely manner probably contributed to the lack of medical evidence in the record.