Home/Case Law/JANE YOVINO-YOUNG vs. AMADOR RESIDENTIAL CARE, STATE NATIONAL INSURANCE COMPANY
Regular DecisionReconsideration

JANE YOVINO-YOUNG vs. AMADOR RESIDENTIAL CARE, STATE NATIONAL INSURANCE COMPANY

Filed: Dec 18, 2020
Sacramento
ADJ12508080

CompFox AI Summary

This case concerns the timeliness of utilization review (UR) decisions in a workers' compensation claim. The applicant argued that UR decisions were untimely communicated due to discrepancies between proofs of service and postal dates. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration. The WCAB found that since the UR decisions were communicated via facsimile, the stricter two-business-day rule for written notice did not apply. Furthermore, the WCAB held that it is not bound by Code of Civil Procedure rules regarding the validity of proofs of service in this context. Ultimately, the WCAB affirmed the administrative law judge's finding that the UR decisions were timely communicated.

Full Decision Text1 Pages

This case concerns the timeliness of utilization review (UR) decisions in a workers' compensation claim. The applicant argued that UR decisions were untimely communicated due to discrepancies between proofs of service and postal dates. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration. The WCAB found that since the UR decisions were communicated via facsimile, the stricter two-business-day rule for written notice did not apply. Furthermore, the WCAB held that it is not bound by Code of Civil Procedure rules regarding the validity of proofs of service in this context. Ultimately, the WCAB affirmed the administrative law judge's finding that the UR decisions were timely communicated.

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