WCAB

Sierra Pacific Industries (SPI) petitions for a writ of review to determine the lawfulness of an award and an order denying reconsideration in a proceeding before the Workers’ Compensation Appeals Board (WCAB). Corey Chatham, a truck driver for SPI, sought adjudication of his claim after he sustained injuries when his logging truck tipped over. Most of the issues were resolved by a compromise and release; a hearing was held on the lien held by Chatham’s chiropractor for chiropractic treatment. The WCAB found the treatment reasonable and necessary through February 26, 2004, and denied SPI’s petition for reconsideration.

At issue is the applicability of certain provisions of Senate Bill No. 899 (2003-2004 Reg. Sess.) (Bill No. 899), which amended Labor Code section 4600 to adopt guidelines for reasonably required medical treatment. (Stats. 2004, ch. 34, § 23.) Bill No. 899 went into effect immediately as urgency legislation on April 19, 2004, (Stats. 2004, ch. 34, § 49), almost two months after the conclusion of Chatham’s treatment.

We conclude the provisions of Bill No. 899 setting forth new guidelines for the determination of reasonable medical treatment apply to this…