Derrick
Derrick v. Workers' Compensation Appeals Board
Opinion
Lead Opinion
Barrydeal, J.
We issued a writ on the petition of the employee to review an order of the Workers’ Compensation Appeals Board (Board) denying reconsideration of an award of future medical expenses for the employee which expressly excluded chiropractic treatment. The employee contends that the Board exceeded its authority in excluding the treatment of her choice and that the award must be modified to include chiropractic treatment pursuant to the provisions of Labor Code section 4600. 1 We agree and direct the Board to modify the award accordingly.
Background
The employer, State of California, Department of Corrections (Department), and Deborah Faith Derrick, a correctional officer with the Department (applicant or employee), stipulated that the head and back injuries suffered by applicant in an automobile accident in May 1980 were in the course of her employment and that she lost no compensable time as a result of her injuries.
After initial emergency hospital care, applicant was treated by several physicians, including one who referred her to Theodore Gray, D.C., in February 1981 for chiropractic treatment. Dr. Gray continued his treatment of applicant until her transfer to a new…