Bergenstal

*1274 Opinion

Here we annul a decision of the Workers’ Compensation Appeals Board (WCAB), denying the lien of a licensed psychologist for services provided by his assistant, and remand for further proceedings. We hold that, under the proper circumstances, a licensed psychologist can be paid for services provided to an injured worker by the psychologist’s registered assistant.

Facts

On June 25, 1990, applicant Lupe Sanchez was injured while working as a cashier for defendant Target Stores, which was insured by defendant Constitution State Service Company, when she attempted to catch merchandise falling from a cart. She subsequently underwent surgery for carpal tunnel syndrome. She was very anxious about the surgery and about the pain she continued to feel following the surgery.

On June 21, 1991, psychiatrist Donald Patterson reported that applicant had no psychiatric disability and that psychiatric treatment was not required. On July 16, 1991, petitioner, psychologist Karl Bergenstal, tested applicant. His conclusions included the finding that applicant’s “depression . . . was elevated into the clinically significant range, some three standard deviations above normal.” The…

I respectfully dissent.

The majority, under the guise of statutory construction, hold that an employer must pay for psychotherapy services provided by an unlicensed psychologist. In essence, the majority add “psychological assistant” to the Labor Code section 3209.3 list of those physicians who are entitled to a lien for services provided.

Linda Chaparro worked as a registered psychological assistant in the office of Doctor Karl Bergenstal. She is not licensed to practice psychology *1281 in the State of California. The parties stipulated that Chaparro, in treating Lupe Sanchez, provided all the psychiatric treatment. The Workers’ Compensation Appeals Board (WCAB) applied Labor Code section 3209.3 and denied the lien claim for Chaparro’s services.

The majority hold that Chaparro’s services are compensable by lien if Doctor Bergenstal supervised the psychotherapy. Not so. Labor Code section 3209.3 requires that Chaparro be a licensed psychologist with a doctorate in psychology and two years’ clinical experience or satisfy certain standards set by the National Register of Health Service Providers.

In Anugwom v. Zurich-American Ins. Co. (1992) MON 124830, 20 Cal. Workers’ Comp.…

STONE (S.J.), P.J.

Here we annul a decision of the Workers' Compensation Appeals Board (WCAB), denying the lien of a licensed psychologist for services provided by his assistant, and remand for further proceedings. We hold that, under the proper circumstances, a licensed psychologist can be paid for services provided to an injured worker by the psychologist's registered assistant.

On June 25, 1990, applicant Lupe Sanchez was injured while working as a cashier for defendant Target Stores, which was insured by defendant Constitution State Service Company, when she attempted to catch merchandise falling from a cart. She subsequently underwent surgery for carpal tunnel syndrome. She was very anxious about the surgery and about the pain she continued to feel following the surgery.

On June 21, 1991, psychiatrist Donald Patterson reported that applicant had no psychiatric disability and that psychiatric treatment was not required. On July 16, 1991, petitioner, psychologist Karl Bergenstal, tested applicant. His conclusions included the finding that applicant's "depression ... was elevated into the clinically significant range, some three standard deviations above normal." The…