JOSE CONTRERAS vs. MACDONALD CARBIDE, STATE COMPENSTION INSURANCE FUND

This case concerns defendant's petition for removal following a WCJ's finding of an untimely utilization review (UR) decision. The WCJ determined that due to the defendant's failure to timely deny a treatment request, the WCAB could determine medical necessity, citing Dubon II. The defendant argued the WCAB loses jurisdiction after an Independent Medical Review (IMR) determination. The Appeals Board denied removal, affirming the WCJ's authority to address medical necessity when UR is untimely and concluding no substantial prejudice would result from denial.