WCAB

Scheffield Medical Group, Inc. v. Workers' Compensation Appeals Board

Good Law
1999 Cal. App. LEXIS 207·70 Cal. App. 4th 868·83 Cal. Rptr. 2d 71·99 Daily Journal DAR 2403·99 Cal. Daily Op. Serv. 1895
Court of Appeal of CaliforniaMarch 15, 1999B123451California5,333 words

Opinion

Opinion

Woods, J.

Introduction

Scheffield Medical Group, Inc., has petitioned for review of a Workers’ Compensation Appeals Board (Board) ruling that all medical reports dated later than January 16,1991, are inadmissible due to violations of Labor Code section 4628. We order the ruling affirmed. The request of Benjamin Y. Chong, M.D., to file an amicus curiae brief is denied.

Factual and Procedural Background

Medical-legal reports were generated by Pace, Scheffield and Charlton Medical Groups in 107 cases consolidated for trial on one issue only— whether Maria Blanca Herrera was properly identified in those reports in compliance with section 4628. In each case, at least one report stated that “[diagnostic tests were administered by Blanca Herrera, licensed medical assistant and radiograph technician.”

Dr. Michael Wai-Pui Lam, owner of the three medical groups and licensed radiologist, testified on behalf of Scheffield. Dr. Lam hired Ms. Herrera in February 1989 as an office assistant. Ms. Herrera had been attending Nova Institute of Health Technology (Nova) to become a licensed X-ray technician. She had completed the academic requirements and needed to complete clinical training. Nova…

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