Chiropractic Visits: Facundo-Guerrero v. WCAB (2008) 163 CA4th 640
By
Megan K. Rogers
Facundo-Guerrero v. WCAB (2008)
163 CA4th 640
Upheld the 24
chiropractic visits as specified in LC §4604.5(d).
The facts:
Chiropractors raised a constitutional due process
argument. The
California constitutional mandate provides that workers compensation must provide
full medical treatment. The chiropractors alleged
the failure to provide any right to challenge the
need for additional chiropractic care beyond 24
visits is a denial of due process.
The court found the
Legislature had a rational basis for limiting the
number of visits since there was a perceived
financial crisis in the comp system. Since the comp
system is based on statute, not fundamental rights,
it only needs a rational basis for it to be upheld.
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