Updated Daily

Case Law Database

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

Case No. ADJ7179482 MF ADJ7179467

Regular

Jul 19, 2013

DAVID SHOLES vs. SKILLED HEALTHCARE, LLC, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a prior award allowing Clonidine and Klonopin/clonazepam for industrial injuries. The Board affirmed the award of Clonidine as reasonable and necessary treatment. However, the Board rescinded the award of Klonopin/clonazepam, finding it unsupported by substantial medical evidence, particularly the opinion of the Agreed Medical Examiner. The case was returned to the trial level for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardSkilled Healthcare LLCTravelers Property Casualty Company of AmericaDavid SholesPetition for ReconsiderationSupplemental Joint Findings and AwardAdministrative Law JudgeIndustrial InjuriesClonidineKlonopin

References

Case No. ADJ1060696

Regular

Jan 14, 2016

MARIA URIBE RAMOS vs. PATTERSON FROZEN FOODS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY

This case involves an applicant's appeal of Independent Medical Review (IMR) determinations regarding prescription medication refills for Flexeril and Norco. The Workers' Compensation Appeals Board (WCAB) granted the appeal for Flexeril, finding the initial IMR determination was issued in excess of the Administrative Director's powers due to an incomplete medical record. The WCAB affirmed the IMR determination for Norco, agreeing that the record was complete for that medication. A dissenting opinion argued that both IMR determinations for Flexeril and Norco, and an additional IMR determination for clonidine, were flawed and should have been remanded for further review.

Workers' Compensation Appeals BoardIndependent Medical ReviewLabor Code Section 4610.6(h)Plainly Erroneous Finding of FactIncomplete Medical RecordExcess of PowersRemandUtilization ReviewMedical Treatment Utilization ScheduleCompromise and Release

References

Showing 1-2 of 2 results

Ready to streamline your practice?

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

DAVID SHOLES vs. SKILLED HEALTHCARE, LLC, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

MARIA URIBE RAMOS vs. PATTERSON FROZEN FOODS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY