under Labor Code section 4604.5 (c)
the WCAB
industrial injury on July
27, 1999. This was an
applicant was referred by his
primary treating physician to a
physician who specialized in pain
management.
different medications. The doctor
indicated that the applicant had a
low testosterone level and the
applicant was paying for the
testosterone treatment himself,
but could no longer afford it due
from the industrial injury. The
doctor prescribed testosterone
cream therapy to counteract the
applicant's decreased
testosterone level due to the use
of opiate medications prescribed
for the industrial injury.
utilization review. The utilization
review doctor denied the request
for the treatment. The issue was
presented to the Workers'
Compensation Appeals Board
(WCAB). The Workers'
Compensation Judge (WCJ)
awarded the applicant the
treatment stating it was necessary
to cure and/or relieve from the
effects of the industrial injury.
analyzed Labor Code section
4600 and 4604.5 ©). 4600 states
"cure or relieve." They indicated
and relieve" have been used
interchangeable for decades.
They further indicated 4604.5
uses both terms. The WCJ
language of "cure and/or relieve"
was consistent with prior court
interpretations. They indicated
that medical treatment which is
intended only to relieve, but not
cure, the effects of an industrial
injury is acceptable under Labor
Code section 4600. The phrase
"cure or relieve" is identical to
"cure and relieve".
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
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