HECTOR HERNANDEZ vs. MARK DATTILLO’S HEATING AND AIR CONDITIONING, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the judge's finding that the applicant's accepted head injury included a brain injury. The Board found the defendant's objections regarding notice of the brain injury claim and the timeliness of their response to medical treatment requests were unfounded. Furthermore, the Board determined that the defendant waived its right to dispute the industrial causation of the brain injury by previously authorizing treatment with a neurologist who diagnosed such an injury. The defendant's due process claims were also rejected.