Hutchinson

We annul a decision of the Workers’ Compensation Appeals Board (Board).

The Board erred in concluding transportation expenses to obtain prescription medication are not compensable under Labor Code section 4600.

After applicant sustained industrial injury, his treating physician prescribed medication. Applicant’s claim for transportation expenses to obtain the prescribed medication was submitted to the workers’ compensation judge (WCJ) pursuant to a stipulation by the parties that applicant lives in a rural area and has to travel a substantial distance (80 miles) to a pharmacy to obtain medication prescribed by his treating doctor.

Based on the stipulated facts, the WCJ reluctantly denied applicant’s claim. The WCJ properly concluded he was required to follow the opinion of the Board in the denial of a writ opinion in Rocha v. Workers’ Comp. Appeals Bd. (1982) 47 Cal.Comp.Cases 896.

The Board denied applicant’s petition for reconsideration.

In the instant case, as in Rocha v. Workers’ Comp. Appeals Bd., supra, 47 Cal.Comp.Cases 896, the Board has construed section 4600 as precluding reimbursement for transportation expenses in obtaining prescription…