Home/Case Law/NICOLAS MERCADO vs. PARK WEST ENTERPRISES, INC., dba CO-WEST COMMODITIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY
Regular DecisionReconsideration

NICOLAS MERCADO vs. PARK WEST ENTERPRISES, INC., dba CO-WEST COMMODITIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY

Filed: Aug 23, 2019
San Francisco
TI11911166

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied CIGA's petition for reconsideration, upholding its prior decision that an additional bedroom is reasonable and necessary medical treatment for the applicant. The WCAB found substantial medical evidence from Dr. Vasile supports the need for a separate room due to the applicant's quadriplegia and sleep interruptions that worsen his health. While the separate room also benefits the applicant's wife, the WCAB concluded it is medically necessary for the applicant's own treatment and to improve his medical and functional status. The Board affirmed its authority to amend WCJ decisions and found Dr. Vasile's opinion more persuasive than the nurse case manager's.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied CIGA's petition for reconsideration, upholding its prior decision that an additional bedroom is reasonable and necessary medical treatment for the applicant. The WCAB found substantial medical evidence from Dr. Vasile supports the need for a separate room due to the applicant's quadriplegia and sleep interruptions that worsen his health. While the separate room also benefits the applicant's wife, the WCAB concluded it is medically necessary for the applicant's own treatment and to improve his medical and functional status. The Board affirmed its authority to amend WCJ decisions and found Dr. Vasile's opinion more persuasive than the nurse case manager's.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.