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Regular DecisionWorkers' Compensation

MARCIA MATTHEWS vs. NEIMAN MARCUS, LIBERTY MUTUAL INSURANCE COMPANY

Filed: Jun 04, 2013
Anaheim
ADJ8033181

CompFox AI Summary

The Appeals Board granted the applicant's Petition for Removal, overturning a prior order to select an Agreed Medical Evaluator. The Board found that the applicant's physician, Dr. Chambi, provided substantial evidence supporting the need for spinal surgery. Conversely, the defense's second opinion physician, Dr. Ma, failed to adequately explain his non-surgical recommendation and his initial report was untimely due to the defense's failure to provide complete medical records. Therefore, the Board ordered the defendant to provide the requested spinal surgery.

Full Decision Text1 Pages

The Appeals Board granted the applicant's Petition for Removal, overturning a prior order to select an Agreed Medical Evaluator. The Board found that the applicant's physician, Dr. Chambi, provided substantial evidence supporting the need for spinal surgery. Conversely, the defense's second opinion physician, Dr. Ma, failed to adequately explain his non-surgical recommendation and his initial report was untimely due to the defense's failure to provide complete medical records. Therefore, the Board ordered the defendant to provide the requested spinal surgery.

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MARCIA MATTHEWS vs. NEIMAN MARCUS, LIBERTY MUTUAL INSURANCE COMPANY (2013) – Anaheim | CompFox