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Case Law Database

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

Case No. ADJ736188 (GOL 0099658)
Regular
Sep 22, 2017

Deanna Power vs. St. John's Regional Medical Center, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns Deanna Power's claim for continued medical treatment, specifically prescription medications Xyrem and Lunesta, for a previous industrial injury. The employer denied authorization for these medications through Utilization Review (UR), and the applicant's subsequent Independent Medical Review (IMR) application was deemed untimely. The trial judge initially ordered continued treatment and directed the Administrative Director to process the IMR appeal, finding it timely. However, the Appeals Board granted reconsideration, finding the trial judge lacked jurisdiction to order treatment when a timely UR decision was issued and the applicant's sole recourse was the IMR process. The matter was returned to the trial level for a determination solely on the timeliness of the IMR appeal, not the medical necessity of the medications.

WCABPetition for ReconsiderationFindings of Fact and AwardXyremLunestaIndependent Medical ReviewIMRUtilization ReviewURprescription medications
References
3
Case No. MISSING
Regular Panel Decision

Abreo v. URS Greiner Woodward Clyde

A plaintiff sustained personal injuries while working on a scaffold during a renovation project, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). Defendants Colgate Scaffolding and URS Greiner Woodward Clyde (now URS Corporation-New York), the alleged general contractor and scaffolding provider, respectively, moved for summary judgment to dismiss the complaint. The Supreme Court denied their motions in part. On appeal, the denial of summary judgment for URS concerning Labor Law § 240 (1) and § 241 (6) claims was affirmed, as triable issues of fact existed and the cited Industrial Code provisions were deemed specific. Colgate's appeal from one order was dismissed as they were not aggrieved, and their motion for summary judgment was also found to lack a prima facie case. The plaintiff was awarded costs.

Personal InjuryLabor LawScaffolding AccidentSummary JudgmentAppellate DecisionConstruction AccidentElevation-Related RiskIndustrial Code ViolationsNegligenceWorkers' Safety
References
14
Case No. ADJ2798585 (MON 0241152) MF ADJ2723676 (MON 0241153)
Regular
Aug 21, 2018

Maxine Wiggs vs. Allied Signal Aerospace, St. Paul Travelers Insurance

This case involves applicant Maxine Wiggs' claim for industrial injuries sustained in 1997 and 1997-1998, leading to a need for medical treatment. The Workers' Compensation Appeals Board (WCAB) reviewed a prior decision ordering the defendant to have a Nurse Case Manager assess the applicant's need for heavy home health care. The WCAB affirmed the WCJ's decision, finding jurisdiction to enforce a prior stipulation regarding the evaluation of home health care needs, even with the existence of Utilization Review (UR) and Independent Medical Review (IMR) processes. However, one commissioner dissented, arguing that the matter should be resolved through UR and IMR, asserting the WCJ lacked authority to circumvent these statutory processes.

ADJ2798585ADJ2723676Nurse Case ManagerIrene MeffordHome health careUtilization ReviewIndependent Medical ReviewLabor Code Section 4610Labor Code Section 4610.5Labor Code Section 5900
References
13
Case No. ADJ339088 (SDO 0304788)
Regular
Aug 30, 2016

Gregory Parrent vs. SBC-PACIFIC BELL TELEPHONE COMPANY

This case clarifies the utilization review (UR) and independent medical review (IMR) process for medical treatment recommendations within a Medical Provider Network (MPN). The Appeals Board affirmed that even when a physician is part of the defendant's MPN, their treatment recommendations are subject to UR by the employer if disputed. If UR denies or modifies the recommendation, the dispute must then proceed to IMR, not the Appeals Board. The applicant's contention that MPN physicians' recommendations are exempt from UR was rejected, emphasizing a uniform standard of care and review for all medical treatment.

Workers' Compensation Appeals BoardSBC-Pacific Bell Telephone CompanySedgwick Claims Management ServicesPetition for ReconsiderationMedical Provider Network (MPN)Independent Medical Review (IMR)Utilization Review (UR)Labor Code section 4600primary treating physicianRequest for Authorization (RFA)
References
5
Case No. ADJ6907549, ADJ9156151
Regular
May 28, 2015

Leticia Avila vs. University of California Irvine Medical Center, SEDGWICK CMS

This case clarifies that an employee must *receive* their Independent Medical Review (IMR) application within 30 days of the Utilization Review (UR) denial, plus a 5-day extension if the denial was served by mail. The applicant's IMR application was deemed untimely because it was received by the Administrative Director one day after the extended deadline. This decision affirms the WCJ's finding that the applicant's IMR application was not filed within the mandatory statutory timeframe. The concurring opinion stresses the importance of timely adherence to all timeframes within the UR/IMR process.

Workers' Compensation Appeals BoardIndependent Medical ReviewUtilization ReviewLabor Code section 4610.5(h)(1)Administrative Director's Rule 9792.10.1(b)(2)Code of Civil Procedure section 1013(a)timely filingsubmission datereceipt dateservice by mail
References
0
Case No. ADJ4092389 (SBR 0291114), ADJ4203796 (SBR 0291115), ADJ3646941 (SBR 0309645)
Regular
Jul 20, 2018

Gregory Long vs. RALPHS GROCERY COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a Findings and Order that found the defendant complied with a prior Independent Medical Review (IMR) decision. The WCAB affirmed the administrative law judge's ruling that each prescription for applicant Gregory Long's opioid pain medication requires separate Utilization Review (UR) and potential IMR, despite a previous IMR approval. The Board also noted its lack of jurisdiction to hear constitutional challenges to the UR/IMR process. Applicant's claims of unequal protection and fraud were rejected, and the WCAB found no impairment to his access to medical treatment.

Workers' Compensation Appeals BoardGregory LongRalphs Grocery CompanySedgwick Claims Management ServicesPetition for ReconsiderationFindings and OrderExpedited HearingWCJIMR determinationUtilization Review (UR)
References
5
Case No. ADJ8039057
Regular
Jan 07, 2014

LAURIE CARRICO vs. LAW OFFICES OF STEPHEN BELGUM, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that the defendant's utilization review (UR) was defective regarding the applicant's shoulder surgery. The WCAB clarified its jurisdiction, stating it can only determine UR timeliness. All other disputes regarding the UR decision, including its compliance with Labor Code section 4610, must be resolved through Independent Medical Review (IMR). Therefore, the case was returned to the trial level to complete the IMR process.

Workers' Compensation Appeals BoardLaurie CarricoLaw Offices of Stephen BelgumState Compensation Insurance FundADJ8039057San BernardinoOpinion and Decision After ReconsiderationFindings and Awardindustrial injuryshoulders
References
1
Case No. ADJ7656854 ADJ7656855
Regular
Feb 14, 2020

ANGELIQUA DIAZ vs. SOUTHERN CALIFORNIA GAS COMPANY

This case addresses whether a worker can receive penalties for delayed medical treatment when the delay stems from the utilization review (UR) process. The Board granted reconsideration, rescinding the original decision and finding that Labor Code section 4610.1 bars penalties for delays occurring during UR. Furthermore, the Board determined it lacks jurisdiction to assess the accuracy of UR decisions when those decisions are timely, deferring such disputes to the Independent Medical Review (IMR) process. Therefore, the applicant's petitions for penalties were denied.

Labor Code section 5814Utilization ReviewLabor Code section 4610.1Independent Medical ReviewPrimary Treating PhysicianWCAB jurisdictionDubon v. World RestorationInc.unreasonable delaymandatory statutory guidelines
References
2
Case No. ADJ6939280
Regular
Nov 08, 2018

ROBIN GONZALEZ vs. FIRST PRESBYTERIAN CHURCH OF SANTA BARBARA, STATE COMPENSATION INSURANCE FUND

This case concerns applicant Robin Gonzalez's claim for ongoing home health care services following a spinal injury. The employer's insurer denied these services via a timely Utilization Review (UR) based on the Medical Treatment Utilization Schedule (MTUS). The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, holding that the WCAB lacks jurisdiction to review the UR denial because the process was timely and the dispute over medical necessity must be resolved through the Independent Medical Review (IMR) process, as established in Dubon II. Applicant's treating physician can submit a new request if medically necessary, as the prior UR denial is effective for 12 months.

Workers' Compensation Appeals BoardUtilization ReviewIndependent Medical ReviewMedical Treatment Utilization ScheduleJurisdictionHome Health CarePermanent DisabilityPetition to ReopenFailed Back SyndromeDubon II
References
6
Case No. MISSING
Regular Panel Decision

In re Paragon Process Service, Inc.

Paragon Process Service, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which held the company responsible for unemployment insurance contributions for its process servers from 1978 to 1980. Paragon contended that these process servers were independent contractors, not employees, over whom it exercised no control beyond legal requirements. The court, referencing precedents like *Matter of 12 Cornelia St. (Ross)*, determined that the Board lacked a rational basis for classifying the process servers as employees. Consequently, the court reversed the Board's decision. The matter was then remitted to the Unemployment Insurance Appeal Board for further proceedings consistent with this new finding.

Unemployment insuranceIndependent contractorProcess serversEmployer liabilityEmployee classificationAppellate reviewAdministrative decisionRational basis reviewLabor lawNew York law
References
2
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