Home/Case Law/LAURIE NEILAN vs. VONS COMPANIES, INC.
Regular DecisionReconsideration

LAURIE NEILAN vs. VONS COMPANIES, INC.

Filed: Feb 17, 2012
San Francisco
ADJ4577730 (POM 0069230)

CompFox AI Summary

The Appeals Board dismissed the defendant's reconsideration petition as it was premature. However, treating it as a removal petition, the Board granted removal due to extraordinary circumstances. The WCJ erred by ordering a panel QME to determine the reasonableness of applicant's self-procured treatment after she failed to timely object to utilization review denials. Applicant is not entitled to create new medical evidence to justify treatment that was previously denied and not properly challenged.

Full Decision Text1 Pages

The Appeals Board dismissed the defendant's reconsideration petition as it was premature. However, treating it as a removal petition, the Board granted removal due to extraordinary circumstances. The WCJ erred by ordering a panel QME to determine the reasonableness of applicant's self-procured treatment after she failed to timely object to utilization review denials. Applicant is not entitled to create new medical evidence to justify treatment that was previously denied and not properly challenged.

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