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WCAB Approves Treatment for Brain Injury When Utilization Review Found Untimely: Cal. Comp. Cases March Advanced Postings (2/23/2016)

February 24, 2016 (2 min read)

Here’s the latest batch of advanced postings for the March 2016 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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San Francisco 49ers, The Travelers Indemnity Company, successor in interest by merge to Gulf Insurance Company, Petitioners v. Workers' Compensation Appeals Board, George Visger, Respondents, lexis.com, Lexis Advance

Medical Treatment—Utilization Review—Time Deadlines—WCAB affirmed WCJ’s finding that applicant, who suffered industrial brain injury while playing football for San Francisco 49ers, was entitled to 30-day in-patient admission to Centre for Neuro Skills pursuant to request for authorization of treating physician Roger Bertoldi, M.D., and held that WCAB had jurisdiction to determine medical necessity of requested treatment because defendant’s utilization review determination was untimely under...

Twin Cities Fire Insurance Company, a subsidiary of The Hartford, insurer for Jesus Ramirez, dba JR Coatings Co., Petitioner v. Workers' Compensation Appeals Board, Classic Home Improvements, State Compensation Insurance Fund, Vicente Cepeda, Respondents, lexis.com, Lexis Advance

Employment Relationships—General and Special Employers—WCAB, in split panel opinion, affirmed WCJ’s finding that defendant JR Coatings Co. was applicant unlicensed painter’s general employer at time of his alleged industrial injury and that defendant Classic Home Improvement was special employer, based on…

Firstline Health, Inc., Petitioner v. Workers' Compensation Appeals Board, Tracy Weinerman, State Farm Insurance, Carmen Martinez, Respondents, lexis.com, Lexis Advance

Lien Claims—Medical Treatment—Burden of Proof of Lien Claimant to Establish Proper Licenses and Permits—WCAB held that lien claimant did not meet its burden of proving it had proper licenses, accreditation, and permits and WCAB disallowed entire lien, when WCAB found that…

Guadalupe Hernandez, Petitioner v. Workers' Compensation Appeals Board, Ramco Enterprises, LP, Intercare Holdings Insurance Services, Inc., California Farm Management, PSI, Respondents, lexis.com, Lexis Advance

Petitions for Reconsideration—Dismissal—Untimely Filing—WCAB dismissed applicant’s petition for reconsideration because not filed within time requirements of Labor Code §§ 5900(a) and 5903 and...

Stoltz Metals, Inc., California Insurance Company, administered by Applied Risk Services, Petitioners v. Workers' Compensation Appeals Board, California Insurance Guarantee Association, administered by Broadspire, on behalf of American Protection Insurance Company, in liquidation, Semyon Furman, Respondents, lexis.com, Lexis Advance

Petition for Contribution—Statute of Limitations—Date of Cumulative Trauma Injury—WCAB held that date of applicant’s cumulative trauma injury under Labor Code § 5412 was 6/7/2012, when WCAB found that…