Home/Case Law/TONY DE LA GARZA vs. ROLL GLOBAL/DEL REY JUICE PLANT dba POM WONDERFUL, Permissibly Self-Insured, Administered by BROADSPIRE
Regular DecisionWorkers' Compensation

TONY DE LA GARZA vs. ROLL GLOBAL/DEL REY JUICE PLANT dba POM WONDERFUL, Permissibly Self-Insured, Administered by BROADSPIRE

Filed: Feb 02, 2017
Fresno
ADJ9585461

CompFox AI Summary

The WCAB dismissed the defendant's Petition for Removal, treating it as a Petition for Reconsideration, and denied it. The Board affirmed the WCJ's order requiring the defendant to authorize surgical treatment. The defendant's initial challenge was based on a prior IMR denial, but the Board found a material change in facts occurred when the treating physician clarified the surgery's non-cosmetic, functional purpose. The Board concluded the subsequent UR certification was valid and the defendant must authorize the treatment.

Full Decision Text1 Pages

The WCAB dismissed the defendant's Petition for Removal, treating it as a Petition for Reconsideration, and denied it. The Board affirmed the WCJ's order requiring the defendant to authorize surgical treatment. The defendant's initial challenge was based on a prior IMR denial, but the Board found a material change in facts occurred when the treating physician clarified the surgery's non-cosmetic, functional purpose. The Board concluded the subsequent UR certification was valid and the defendant must authorize the treatment.

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.