Wcab

In this petition for a writ of review, we are called upon to determine whether a licensed physician in California may use medical assistants to render adjunct services involving concepts of physical therapy to a patient; the Workers’ Compensation Appeals Board (WCAB) found such treatment illegal per se because such services may only be rendered personally by the physician, a licensed physical therapist, or by a physical therapy aide acting under the continuing and immediate supervision of a licensed physical therapist. We disagree with the WCAB ruling.

Procedural Background

.Petitioner PM & R Associates (PM & R), a medical office that performs medical services for numerous workers’ compensation applicants, sought payment from the workers’ compensation carrier, respondent Zenith Insurance Company (Zenith). Zenith refused to pay, claiming that certain medical services performed by PM & R and billed as physical therapy services were not reimbursable.

PM & R sought payment through the liens claim process of the WCAB. Although this matter involved a consolidation of numerous cases and claims, it was agreed that the workers’ compensation judge (WCJ) would not proceed on a…