Gaytan

Petitioner, Martin Gaytan, a gardener for respondent, Los Angeles Unified School District (LAUSD), injured his left foot during work and was referred for treatment to David Heskiaoff, M.D. Dr. Heskiaoff released Gaytan back to work without restrictions, and from continuing medical care. Gaytan objected pursuant to Labor Code sections 4061 and 4062. Gaytan subsequently obtained a comprehensive medical evaluation from Dennis Ainbinder, M.D, as a qualified medical evaluator. Dr. Ainbinder recommended treatment and Gaytan selected Dr. Ainbinder as the new primary treating physician.

After Dr. Ainbinder released Gaytan from care, the parties disputed treatment, disability, and whether Dr. Heskiaoff or Dr. Ainbinder was the primary treating physician entitled to the rebuttable presumption of correctness under section 4062.9. The workers’ compensation administrative law judge (WCJ) determined that Dr. Heskiaoff remained the primary treating physician with the presumption, and denied the treatment and disability recommended by Dr. Ainbinder. The WCJ also concluded that Dr. Heskiaoffts opinion was not rebutted because the report by Dr. Ainbinder as qualified medical evaluator was…