WCPanelIQ
PanelDenied

Orcutt, Arthur

ARTHUR ORCUTT, Applicant vs. OAK HILL LOGISTICS; SERVICE AMERICAN INDEMNITY CO., administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ14941977
Decision date
Mar 26, 2023
District office
San Diego
WCJ
Alicia D. Hawthorne
Claim administrator
Sedgwick Claims Management Services (administering Service American Indemnity Co.)
Commissioners
—

Injury / body parts: head, neck, right shoulder, wrists, hands, fingers, mid back, low back, right leg, right hip, knees, right ankle, foot, psyche, sleep, memory, concentration, light sensitivity, double vision, dizziness/balance, dental, loss of appetite

LC §4600LC §4600.4LC §4610LC §5900LC §5903CCR §10605

Summary

Applicant Arthur Orcutt, a driver, sustained an accepted industrial injury to numerous body parts. A dispute arose over his entitlement to a left total knee arthroplasty and related treatment requested in Dr. McCandless's September 21, 2022 RFA. The WCJ found the UR denial untimely because defendant's request for additional information under Labor Code §4610(g)(1) was deficient (no specificity, no box checked) and thus did not toll the 5-working-day determination period, and further found the treatment reasonable and necessary under Labor Code §4600 and MTUS/ACOEM guidelines. Defendant filed a Petition for Reconsideration which the WCJ deemed untimely; however, the WCAB found the petition timely because mail service to applicant and the Kentucky-based TPA extended the filing deadline. The Board denied reconsideration, adopting and incorporating the WCJ's report.

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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