Home/Case Law/LEONARDO NUNGARAY vs. REMEDIATION CONSTRUCTORS, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

LEONARDO NUNGARAY vs. REMEDIATION CONSTRUCTORS, INC., STATE COMPENSATION INSURANCE FUND

Filed: Jan 19, 2017
San Bernardino
ADJ2930104 (RIV 0061967)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior decision concerning applicant Leonardo Nungaray's claim. The Board found that the initial Utilization Review (UR) determination erroneously characterized the applicant's requested treatment for a left-sided epidural injection as a right-sided procedure. This fundamental error in the UR process, not the Independent Medical Review (IMR), requires further examination. Consequently, the case is returned to the trial level to determine if the UR was timely and if the judge has jurisdiction over the medical necessity dispute.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior decision concerning applicant Leonardo Nungaray's claim. The Board found that the initial Utilization Review (UR) determination erroneously characterized the applicant's requested treatment for a left-sided epidural injection as a right-sided procedure. This fundamental error in the UR process, not the Independent Medical Review (IMR), requires further examination. Consequently, the case is returned to the trial level to determine if the UR was timely and if the judge has jurisdiction over the medical necessity dispute.

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