Credibility Determination Paramount in Disposition of URO

In R. Jackson v. WCAB (Boeing) the treating chiropractor's care was found not reasonable and necessary. The Court held: 1) the WCJ did not shift the burden of proof to the Claimant when the WCJ noted the treating chiropractor failed to respond to the reviewer's points; 2) the fact that the treating chiropractor offered treatment to alleviate pain did not overcome the WCJ's finding that the reviewer was more credible; and 3) even though the UR was requested late, e.g. more than thirty days after the billing was submitted, the request for prospective review was timely.