05/14/2024
work injuries the rate of physician retention and the timeliness of first treatment for nonemergency cases.
Key findings of the report include
17659 physicians participated in the workers' comp system in 2022.
The workers' comp physician retention rate in 2022 was 76.
74 of workers
Category: News
04/01/2024
report
is an equitable principle grounded in waiver laches and estoppel. If a party is genuinely
concerned about timeliness they must object timely.
While it does appear that defendants objection issued on the final day the QME had to
issue the report the WCJs opinion relies upon an assumption
Category: Panel
04/01/2024
RECONSIDERATION
I.
INTRODUCTION
1.
Order issued
February 6 2024
2.
Identity of Petitioner
Applicant
3.
Verification
The petition is verified
4.
Timeliness
The petition is timely
5.
Date Petition for
6.
Reconsideration filed
March 1 2024
Petitioners alleges
The Court did not weigh the
Category: Panel
04/01/2024
to show
that her SIBTF claim was timely and even if the burden of proof on the issue of timeliness properly
shifted to her the facts do not support a finding that applicants knowledge was so great and the
facts so overwhelming that she knew there was a substantial likelihood of recovering SIBTF
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04/01/2024
Occupation
Parts of Body Injured
June 4 2012
40 years old
Family Services Worker
Neck Back Leg Psyche Hip Knee Identity of Petitioners
Lien Claimant Supreme Copy Service Inc. Timeliness
Petition was filed timely
Verification
Petition was verified
Date of Order
January 25 2024
Petitioners
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04/01/2024
Board to this original decision on this date.
CS
2
REPORT AND RECOMMENDATION
ON PETITION FOR RECONSIDERATION
I.
INTRODUCTION
Minutes of Hearing
November 21 2023
Findings and Order
February 7 2024
Identity of Petitioner
Defendant
Verification
Yes
Timeliness
Petition is timely
Petition
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04/01/2024
only if it is untimely and the legal issues regarding
timeliness of a utilization review decision must be resolved by the Appeals Board. However all
other disputes regarding a utilization review decision must be resolved by independent medical
review. Dubon v. World Restoration Inc. 2015 79 Cal
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in Ramirez v. Workers Comp. Appeals Bd. Ramirez 2017 10 Cal.App.5th 205 223 82
Cal.Comp.Cases 327 other than timeliness any deficiency in UR is reviewed by independent
medical review and not by the WCAB. Defects in UR are not tendered directly to the WCAB.
Rather UR decisions are
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04/01/2024
against any permanent disability award it is more important
to note that the Applicant did not contest any such credit.
II.
DISCUSSION
Timeliness of Petition
Cal. Lab. Code sec. 5903 permits any aggrieved party from an order
decision or award to file a Petition for Reconsideration within 20 days
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04/01/2024
applicant claimed injury to nervous system
stress and psyche and defendant denied injury.
Occupation
Supervising Investigator I
Date of Decision
01252024
Date Petition for Reconsideration was filed 02132024
Timeliness
The petition was timely.
Verification
The petition was verified by an
Category: Panel