Alberts, Jerry

Applicant Jerry Alberts sought reconsideration of a September 21, 2022 Findings of Fact in which the WCJ held the WCAB lacked jurisdiction over Dr. Patterson's July 11, 2022 RFA for home healthcare services because defendant timely denied it via Utilization Review on July 18, 2022, leaving Independent Medical Review as the exclusive remedy. Applicant argued the UR was untimely and invalid, and that under Patterson v. The Oaks Farm and Zepeda v. Starview, defendant could not unilaterally terminate home healthcare without showing a change in medical circumstances. The Board granted reconsideration to study the issues, after which the parties agreed at a commissioners' settlement conference to resolve the matter by Compromise and Release. Because the District Office cannot act on a case pending reconsideration, the Board rescinded the September 21, 2022 Findings of Fact and returned the matter to the WCJ to consider the Compromise and Release. The Board expressly stated its decision was not a ruling on the merits of the petition.