Fairview State Hospital v. Workers' Compensation Appeals Board

Fairview State Hospital, a legally uninsured agency of the Department of Health of the State of California, seeks review of an order of the Workers’ Compensation Appeals Board (Board) insofar as it purports to award the applicant, Matilda J. Kurash, further medical treatment. We conclude that the evidence specified by the Board in its order denying reconsideration does not constitute substantial evidence to support that part of the award. Accordingly, that part of the award must be annulled and the matter returned to the Board for a redetermination of the issue.

The applicant, approximately 36 years of age, has been employed at Fairview State Hospital (Hospital) as a psychiatric technician since 1968. On August 26, 1977, she sustained an injury to her back while lifting a patient. Since that time she has suffered chronic back pain which has been little relieved by treatment except intermittently. She was released to return to work on October 1, 1978, and the last formal medical treatment disclosed by the record was administered by Dr. Shen on November 7,1978, at which time Dr. Shen declared applicant’s orthopedic disability permanent and stationary. He made no…