Acevedo v. Old Dominion Freight Line, Inc. (2024 Cal. Wrk. Comp. P.D. LEXIS 141)

The WCAB held that diagnostic testing requested by a consulting neurologist constituted medical-legal services, which were not subject to utilization review.

The applicant was referred to the neurologist by his treating physician, and the neurologist requested authorization for a series of diagnostic tests to assess his condition.

The defendant issued a UR determination approving a brain MRI but denying approval of three other diagnostic tests.

The WCAB found that the neurologist was not providing treatment reasonably necessary to cure or relieve the applicant from the effects of his industrial injury.  Therefore, the diagnostic tests requested did not represent medical treatment.

The Board concluded that it had jurisdiction over the matter and awarded the applicant the requested tests.