Stress Care, Inc. v. Workers' Compensation Appeals Board
Opinion
Opinion
Epstein, J.
— The workers’ compensation judge (WCJ) found that petitioners, T. Gilbert Moradi, Ph.D„ and Stress Care, Inc., knowingly violated Labor Code section 4628 when they submitted Dr. Moradi’s psychological report regarding Martin Macias in Mr. Macias’s workers’ compensation proceeding, despite their knowledge that Dr. Moradi had not examined Mr. Macias. Based on that finding, the WCJ ordered Dr. Moradi and Stress Care to pay a $1,000 civil penalty to respondent Workers’ Compensation Appeals Board (Board) and recommended that the Board institute contempt proceedings against Dr. Moradi and Stress Care. The Board denied reconsideration, and we issued a writ of review.
We conclude that, because Dr. Moradi and Stress Care are not physicians, the WCJ erred in finding that they violated Labor Code section 4628. We therefore annul the order denying reconsideration and remand the matter to the Board.
Facts
About January 17, 1991, Mr. Macias filed a claim form alleging that during his employment by respondent Nelson Dyeing and Finishing he sustained a cumulative industrial injury that included a psychological injury. On February 17, 1991, Dr. Moradi signed an initial comprehensive…