CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reversed a penalty assessed against the defendant for unreasonably delaying bariatric surgery follow-up care. The Board found no basis for the penalty as the defendant reasonably relied on medical opinions indicating the applicant's weight loss had resolved obesity-related issues impacting the industrial injury. The matter of attorney's fees under LC 5814.5 was returned to the trial level for further proceedings due to ambiguity in the original award.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reversed a penalty assessed against the defendant for unreasonably delaying bariatric surgery follow-up care. The Board found no basis for the penalty as the defendant reasonably relied on medical opinions indicating the applicant's weight loss had resolved obesity-related issues impacting the industrial injury. The matter of attorney's fees under LC 5814.5 was returned to the trial level for further proceedings due to ambiguity in the original award.
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