Case Law Database

MUNSAMI NAIKER vs. NCR CORPORATION, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injuries and entitled to spinal surgery by Dr. Nottingham. Defendant argued the WCJ improperly designated Dr. Nottingham as a "Section 4062(b) evaluator" and that his surgical request violated procedural regulations. The Board, adopting the WCJ's report, rescinded the prior award and returned the case to the trial level for further proceedings. This allows for clarification on Dr. Nottingham's role and the validity of his surgical recommendation.