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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3115402 (MON 0350919) ADJ2375135 (MON 0350920)

Regular

Feb 25, 2014

ISAIAS AYALA vs. D AND D MOVE IT TREES COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning applicant Isaias Ayala. The WCAB rescinded the workers' compensation judge's (WCJ) decision and returned the case for further proceedings and a new decision by the WCJ. This order does not address the merits of the case, and parties retain the right to seek reconsideration of the subsequent WCJ decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJrescindreturn for further proceedingsgrant reconsiderationdecision after reconsiderationtrial levelfinal decisionD AND D MOVE IT TREES COMPANY

References

Case No. ADJ2375135 (MON 0350920) ADJ3115402 (MON 0350919)

Regular

Nov 09, 2011

ISAIAS H. AYALA vs. D & D MOVE IT TREES COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board rescinded the WCJ's award of home care to the applicant, ordering the case returned for further proceedings and a new decision. This action stems from disputed stipulations regarding the admissibility of a PQME report and the reliability of a secondary treating physician's recommendations. Key issues to be clarified include the exact stipulations made, the admissibility of medical reports, and the reasonableness and necessity of the proposed 24/7 home care, along with its specific parameters. The WCJ must address these foundational issues before making a new determination on home care.

Workers' Compensation Appeals BoardReconsiderationHome CarePrimary Treating PhysicianSecondary Treating PhysicianPanel Qualified Medical Evaluator (PQME)AdmissibilityStipulationMedical TreatmentPsychiatric Injury

References

Case No. ADJ2375135 (MON 0350920) MF ADJ3115402 (MON 0350919)

Regular

Nov 14, 2017

ISAIAS AYALA vs. D & D MOVE IT TREES, STATE COMPENSATION INSURANCE FUND

This case concerns a worker's entitlement to 24/7 home health care services following industrial injuries. The Appeals Board rescinded a prior order, finding the applicant entitled to home health care services based on substantial evidence from medical reports by Dr. Konstat and Dr. Hekmat. Liability for these services begins 14 days prior to the defendant's receipt of Dr. Hekmat's June 29, 2011 report, with the issue of earlier liability deferred for further proceedings. Dr. Konstat's reports, while extensive, do not qualify as prescriptions under Labor Code section 4600(h), but Dr. Hekmat's reports do.

Workers Compensation Appeals BoardReconsiderationUtilization ReviewHome Health CareTreating PsychologistPrimary Treating PhysicianSubstantial EvidencePrescriptionRequest for AuthorizationMPN

References

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ISAIAS AYALA vs. D AND D MOVE IT TREES COMPANY, STATE COMPENSATION INSURANCE FUND

ISAIAS H. AYALA vs. D & D MOVE IT TREES COMPANY, STATE COMPENSATION INSURANCE FUND

ISAIAS AYALA vs. D & D MOVE IT TREES, STATE COMPENSATION INSURANCE FUND

Workers Compensation Appeals BoardReconsiderationUtilization ReviewHome Health CareTreating PsychologistPrimary Treating PhysicianSubstantial EvidencePrescriptionRequest for AuthorizationMPN