WCPanelIQ
PanelDismissed

Liliana Perez — ADJ6877517

LILIANA PEREZ, Applicant vs. E&J GALLO WINERY, permissibly self-insured, Defendants

ADJ number
ADJ6877517
Decision date
Aug 3, 2021
District office
Stockton
WCJ
—
Claim administrator
E&J Gallo Winery (permissibly self-insured)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right shoulder

LC §5903

Summary

Applicant Liliana Perez sought authorization for an orthopedic surgical consultation for her right shoulder, requested by Dr. Annu Navani (with a report by physician's assistant Corey Tremblay), which was non-certified by Utilization Review (Genex) on December 3, 2019. The WCJ issued a January 10, 2020 F&O finding that a surgical consultation is a form of treatment subject to UR and ordered the parties to proceed with IMR. Applicant petitioned for reconsideration, but a February 10, 2020 IMR determination subsequently overturned the UR denial, requiring defendant to provide the surgical consultation. The Board admitted the IMR determination into evidence and found that applicant was no longer aggrieved by the F&O because she was entitled to the consultation per IMR. The Board vacated its prior order granting reconsideration and dismissed applicant's Petition under Labor Code section 5903.

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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