FACUNDO-GUERRERO v. WORKERS' COMP. APPEALS BD.

No. A119814.

163 Cal.App.4th 640 (2008)

JOSE FACUNDO-GUERRERO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, NURSERYMEN'S EXCHANGE et al., Respondents.

Court of Appeals of California, First District, Division Four.

June 2, 2008.


Attorney(s) appearing for the Case

Daniel J. Smith and Armand Arabian for Petitioner.

David Bryan Leonard for California Society of Industrial Medicine & Surgery, Inc., as Amicus Curiae on behalf of Petitioner.

Graiwer & Kaplan and Charles R. Rondeau for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner.

Jack R. Perko for International Chiropractic Association of California as Amicus Curiae on behalf of Petitioner.

Mayer Brown, Donald M. Falk, Philip R. Recht and Christopher P. Murphy for California Chiropractic Association as Amicus Curiae on behalf of Petitioner.

Robert Feinglass for Boehm & Associates as Amicus Curiae on behalf of Petitioner.

Laughlin, Falbo, Levy & Moresi, Brian D. Egan and Kate L. Kroeger for Respondent Nurserymen's Exchange.

No appearance for Respondents Workers' Compensation Appeals Board and Argonaut Insurance Company.

Law Offices of Saul Allweis and Michael A. Marks for California Workers' Compensation Institute as Amicus Curiae on behalf of Respondents

Thelen Reid Brown Raysman & Steiner, Daniel Sovocool and Jennifer McGlone for California Chamber of Commerce as Amicus Curiae on behalf of Respondents.


OPINION

RUVOLO, P. J.

I. INTRODUCTION

Labor Code1 section 4604.5, subdivision (d) (section 4604.5(d)) was enacted in 2003 as Senate Bill No. 228 (2003-2004 Reg. Sess.) (Stats. 2003, ch. 639, § 27) (Senate Bill 228), and provided that, unless approved by an injured employee's employer, benefits for chiropractic treatments and physical therapy sessions were...

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