Foster's Auto Crushing v. Wood

I dissent.

The sole benefit claimed at the hearing in this case was authorization for a psychiatric evaluation. The only benefits awarded by the deputy was the authorization of a psychiatric evaluation and follow-up treatment if necessary. This is a claim for medical benefits only and whether an attorney’s fee is awarded should be dependent upon whether medical benefits were awarded and not bad faith.

At the hearing the deputy admitted into evidence a medical report of Dr. Robert, a neurosurgeon who had initially treated the claimant. The report contained a statement that the claimant appeared…