WCPanelIQ
PanelQMEDenied

Vargas, Jose

JOSE VARGAS, Applicant vs. ADORNO CONSTRUCTION, INC., administrative functions performed by BBSI; ACE AMERICAN INSURANCE COMPANY, administered by CORVEL, Defendants

ADJ number
ADJ16099603
Decision date
Aug 5, 2024
District office
Oakland
WCJ
Christopher Miller
Claim administrator
CorVel (administering for ACE American Insurance Company); BBSI performed administrative functions for the employer
Commissioners
—

Injury / body parts: left shoulder

LC §4610LC §4610.5LC §4610.6LC §5956CCR §10109CCR §10341CCR §10451.2CCR §9792.9.1

Summary

Jose Vargas, a construction foreman, sustained an admitted injury to his left shoulder on February 23, 2022, and underwent rotator cuff surgery on July 5, 2022. When symptoms persisted, his treating surgeon Dr. Schwartz requested authorization on August 8, 2023, for a further arthroscopic procedure. Defendant claimed it did not receive the RFA until December 13, 2023, and issued a UR denial on December 20, 2023. The WCJ inferred that the request had been conveyed before December 13 (supported by a fax cover sheet asserting transmission on 8/25/2023, applicant correspondence, and a QME report referencing the surgical request), and concluded the UR was untimely and thus inadmissible. Finding Dr. Schwartz's reporting adequately justified the surgery, the WCJ ordered it authorized. The Appeals Board adopted the WCJ's Report and Opinion and denied reconsideration.

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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