Home/Case Law/NASIR KHAN vs. STAR STAFFING, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionRegular Panel Decision

NASIR KHAN vs. STAR STAFFING, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.

Filed: Dec 02, 2019
Santa Rosa
ADJ11170562

CompFox AI Summary

Defendant sought removal of a WCJ's order finding their utilization review denial of applicant's medical treatment request untimely. The WCJ determined the denial was late due to the 72-hour window for expedited requests, as the applicant's physician requested "urgent surgery." The Appeals Board denied the petition for removal, finding the defendant failed to show irreparable harm and that reconsideration would be an inadequate remedy. The Board upheld the WCJ's finding of untimely UR, allowing the Board to determine medical necessity.

Full Decision Text1 Pages

Defendant sought removal of a WCJ's order finding their utilization review denial of applicant's medical treatment request untimely. The WCJ determined the denial was late due to the 72-hour window for expedited requests, as the applicant's physician requested "urgent surgery." The Appeals Board denied the petition for removal, finding the defendant failed to show irreparable harm and that reconsideration would be an inadequate remedy. The Board upheld the WCJ's finding of untimely UR, allowing the Board to determine medical necessity.

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