Postural Therapeutics v. Workers' Compensation Appeals Board

Postural Therapeutics (PT) provided physiotherapy to Humberto A. who was injured while employed as a painter by Romero & Sons Painting Contractors. Because Humberto A. refused to produce a medical report, the Workers’ Compensation Appeals Board drew an adverse inference that the treatment was for a nonindustrial condition, thus denying PT’s lien. PT seeks a writ of review, contending the appeals board’s opinion failed to comply with Labor Code section 5908.5 and the board incorrectly applied a conclusive presumption to deny its lien.

I

Humberto A. fell from a roof on October 7, 1981, while employed as a painter. He fell backwards 10 feet to the ground, striking his head, neck and back and was unconscious for 10 minutes. The first diagnosis of work injury was a brain concussion and severe cervical, thoracic and lumbar strains. He was cared for by Dr. Rose, who prescribed the therapy rendered by PT which is the basis for the lien.

Because of disputes over apportionment, temporary disability and permanent disability, Humberto A. was examined by a psychiatrist and an orthopedic surgeon, both of whom were appointed by agreement of the parties. These doctors issued reports…