Rodriguez Padilla, Gilberto

Applicant Gilberto Rodriguez Padilla, a gardener who sustained an industrial injury on June 3, 2021 to the head and neck with a concussion (mild traumatic brain injury), sought reconsideration of a June 27, 2024 Findings and Order. The WCJ found the UR of the January 25, 2023 RFA for a Transitional Living Center residential program was untimely, but that the requested treatment was not reasonable or necessary, that the issue was moot because a new UR determination could be obtained under Labor Code section 4610(k), and that Patterson did not apply. Applicant argued the passage of time did not moot the need for treatment and that substantial evidence supported the TLC program. The Appeals Board granted reconsideration, noting concern that the WCJ may have improperly relied on the IMR determination to find treatment not reasonable or necessary despite finding the UR untimely. The Board deferred issuance of a final decision pending further review of the merits and the entire record.