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Compensable Consequence Injury

Minarik v. Del Taco (BPD) (2017 Ca. Wrk. Comp. P.D. LEXIS 390)

The applicant was injured in an automobile accident while returning home from a medical examination with the Agreed Medical Evaluator for an accepted injury to her back.

The WCAB found the applicant’s injury did not occur as a result of the litigation process under Rodriguez v. WCAB (59 CCC 14), because the applicant was required to attend the medical evaluation in order to obtain her workers compensation benefits, and failure to participate could potentially lead to a denial of benefits.

The Appeals Board found that participation in an AME evaluation was a kindred medical treatment, in that the parties were not obtaining evidence to dispute whether or not the applicant sustained an industrial injury, but were seeking medical opinion on the nature and extent of her disability and need for medical treatment.