employer disputes need for treatment you
must use utilization review
Court decision of
monumental
proportions.
decision involving
interpretation of Labor
The applicant received medical
treatment and the physician
requested a magnetic resonance
image (MRI). The employer
submitted this request for
utilization review. The employer
did not communicate its decision
Labor Code section 4610.
The Workers' Compensation
Judge (WCJ) found the employer
failed to comply and ordered the
MRI. The employer filed a
petition for reconsideration.
the case en banc and issued a
decision saying that even though
the employer missed the deadline
for review under 4610, they
could still use Labor Code
section 4062. Under 4062 the
employer could dispute the
treating physician.
issued an opinion agreeing with
the WCAB. The Court of Appeal
indicated that even though the
utilization review process the
employer could still utilize
section 4062.
overturned the lower court
decision. The Supreme Court
determined base on the language
of the statutes that you must use
the utilization review process of
section 4610 and cannot rely on
4062. This is extremely important
since you have to react quickly
within the time constraints of
4610.
=================
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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