WCPanelIQ
PanelLienDenied

Cartagena, Carlos

CARLOS CARTAGENA, Applicant vs. ORION ORNAMENTAL IRON, INC.; CYPRESS INSURANCE COMPANY, dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ13656596
Decision date
Mar 3, 2025
District office
Oxnard
WCJ
Roger A. Tolman, Jr.
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company)
Commissioners
—

Injury / body parts: lips, mouth, teeth, gums, face

LC §5909LC §5900LC §4600LC §4603.2LC §4622CCR §9792.9

Summary

Applicant Carlos Cartagena, a welder, was struck in the face by a metal bar, sustaining admitted injury to his lips and claimed injury to his mouth, teeth, gums, and face. After the treating MPN physician (Dr. Abdo) submitted an RFA for a dental referral, defendant deferred utilization review on a body-part dispute basis rather than submitting it to UR, but the deferral notice (Exhibit J1) was only served on the requesting physician, not the applicant and his attorney. The WCJ found in favor of lien claimant Dental Trauma Center, concluding the unrebutted medical evidence established a dental injury, the 12-month billing limitation was moot/inapplicable, and defendant was not entitled to retroactive UR because it failed to comply with AD Rule 9792.9. The Appeals Board adopted the WCJ's report and denied reconsideration, finding defendant did not meet its burden to show proper deferral of UR.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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