decision by the
WCAB
industrial injury on
October 22, 2003. The
treating doctor who referred the
applicant to two other doctors
for surgical consultation.
MRI's. The request for the
MRI's were served on defendant.
The defendant took longer than
14 days to object to the necessity
for the MRI's.
the Workers' compensation
Judge (WCJ) indicated that the
MRI's should be provided and
excluded the defendant's
utilization review report because
it was untimely pursuant to Labor
Code section 4610 (g) (1).
heard by the entire Workers'
Compensation Appeals Board
(WCAB) who issued this en banc
decision.
of section 4610 are mandatory. If
the defendant misses these
deadlines the defendant is then
precluded from using the
utilization review process for the
medical treatment in question.
not be admissible. In addition the
report can not be forwarded to
an AME or QME. The WCAB
indicated this would be an
attempt to get the report in the
back door.
4610 (g) (1) the defendant can
still use the procedure established
under Labor Code section 4062
(a). You must still meet the
timelines established under
section 4062 (a) or this report
will not be admissible either.
Thus, as protection it may be
good form to object if you are
not certain your utilization
review doctor can issue a report
timely.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Click here for printable version