Utilization Review Untimely When Defendant Didn’t Subject Treating Physician’s Requests for Authorization to UR: Cal. Comp. Cases July Advanced Postings (6/26/2015)

Here’s the first batch of advanced postings for July 2015 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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Deluxe Laboratories, ESIS, Inc., Petitioners v. Workers' Compensation Appeals Board, Michael Samaras, Respondents, lexis.com, Lexis Advance

Medical Treatment—Utilization Review—WCAB reversed WCJ’s finding that applicant who suffered industrial neck and back injury and claimed injury to multiple other body parts improperly selected Lawrence Miller, M.D., as his primary treating physician, and held that, contrary to WCJ’s finding, applicant was not barred by holding in Tenet/Centinela Hospital Medical Center v. W.C.A.B. (Rushing) (2000) 80 Cal. App. 4th 1041 [95 Cal. Rptr. 2d 858, 65 Cal. Comp. Cases 477], from selecting Dr. Miller as new treating physician because applicant’s original primary treating physician, Brian Grossman, M.D., did not discharge applicant from care in that, although he declared applicant “discharged from active care,” he anticipated that applicant would require further medical treatment and imposed work restrictions, and WCAB found that, as properly designated primary treating physician, Dr. Miller’s requests for authorization submitted to defendant were subject to utilization reviews…

The Boeing Company, ACE America Insurance, administered by Sedgwick CMS, Petitioners v. Workers' Compensation Appeals Board, James Zunker, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant hydraulic technician sustained cumulative trauma injury AOE/COE in period from 6/10/1986 to 2/14/2011 to internal system, throat, lungs, stomach, upper and lower gastro-intestinal systems, low back, and brain, based on applicant’s testimony, review of entire record, and opinions from…

WCAB Orders—Setting Case for Trial—Closing Discovery—Due Process—WCAB held that it did not violate defendant’s due process rights by setting matter for trial at time of mandatory settlement conference, closing discovery (with one exception), and denying defendant’s request to leave record open to…