Applicant Keri Noyce sought reconsideration of the WCJ's November 14, 2023 Findings of Fact, which held that the WCAB lacked jurisdiction to determine whether a Brain Injury Program requested via a July 7, 2023 RFA was reasonable and necessary, because the RFA was not based on a material change in fact justifying resubmission after a prior timely UR denial of June 22, 2023. The WCJ, upon reviewing the petition, reconsidered his position and concluded that the June 27, 2023 report and July 7, 2023 RFA from Dr. Lo may document a change in material facts by addressing the deficiencies the UR reviewer had identified in the prior RFA. The Board adopted and incorporated the WCJ's report, granted reconsideration, rescinded the decision, and returned the matter to the trial level. The Board also addressed the Labor Code section 5909 60-day jurisdictional issue, finding its time to act was tolled because the district office did not transmit the case to the Appeals Board until February 14, 2024.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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