Home/Case Law/BARTON BUHTZ vs. SELECTIVE EMPLOYEES, ARROWOOD INDEMNITY COMPANY
Regular DecisionRegular Panel Decision

BARTON BUHTZ vs. SELECTIVE EMPLOYEES, ARROWOOD INDEMNITY COMPANY

Filed: Nov 13, 2015
San Francisco
ADJ3289671 (VNO 0274648)

CompFox AI Summary

The Appeals Board granted reconsideration of a prior award finding applicant sustained an industrial injury to his face and eyes and was entitled to cataract surgery. The Board found the defendant did not timely communicate its Utilization Review denial, rendering it invalid, but determined further medical evidence was needed to establish the surgery's industrial causation and medical necessity. The Board rescinded the original award and returned the matter for further proceedings to develop the record on these specific issues. A dissenting opinion argued the defendant waived the causation objection and that the treating physician's report constituted substantial medical evidence supporting the surgery.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of a prior award finding applicant sustained an industrial injury to his face and eyes and was entitled to cataract surgery. The Board found the defendant did not timely communicate its Utilization Review denial, rendering it invalid, but determined further medical evidence was needed to establish the surgery's industrial causation and medical necessity. The Board rescinded the original award and returned the matter for further proceedings to develop the record on these specific issues. A dissenting opinion argued the defendant waived the causation objection and that the treating physician's report constituted substantial medical evidence supporting the surgery.

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