Home/Case Law/RAFAEL GOMEZ vs. DAVID REICH CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

RAFAEL GOMEZ vs. DAVID REICH CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

Filed: Dec 29, 2015
Oakland
ADJ3852069 (STK 0175466)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, finding that the Independent Medical Review (IMR) determination was untimely. The WCAB rescinded the previous ruling and entered a new finding that the IMR was not completed within the mandatory timeframes outlined in Labor Code section 4610.6(d). Consequently, the medical treatment dispute is no longer subject to the IMR process and is returned to the trial level for a WCJ to decide. This ruling prioritizes the applicant's right to timely medical treatment, emphasizing that mandatory timeframes are crucial for protecting injured workers.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, finding that the Independent Medical Review (IMR) determination was untimely. The WCAB rescinded the previous ruling and entered a new finding that the IMR was not completed within the mandatory timeframes outlined in Labor Code section 4610.6(d). Consequently, the medical treatment dispute is no longer subject to the IMR process and is returned to the trial level for a WCJ to decide. This ruling prioritizes the applicant's right to timely medical treatment, emphasizing that mandatory timeframes are crucial for protecting injured workers.

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