CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings and Award, returning the case to the WCJ for further proceedings. The Board found that the trial prematurely addressed the industrial causation and need for surgery, despite parties agreeing to limit trial to the applicant's petition to strike the Agreed Medical Evaluator's (AME) reports. This shift violated the defendant's due process rights by limiting their opportunity to present evidence. The WCAB also clarified that Utilization Review (UR) is not required when an employer disputes the industrial nature of an injury or treatment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings and Award, returning the case to the WCJ for further proceedings. The Board found that the trial prematurely addressed the industrial causation and need for surgery, despite parties agreeing to limit trial to the applicant's petition to strike the Agreed Medical Evaluator's (AME) reports. This shift violated the defendant's due process rights by limiting their opportunity to present evidence. The WCAB also clarified that Utilization Review (UR) is not required when an employer disputes the industrial nature of an injury or treatment.
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