WCPanelIQ
PanelDenied

Shauna Van Brunt — ADJ9077087

SHAUNA VAN BRUNT, Applicant vs. VCA ANTECH, INC.; THE HARTFORD, administered by BROADSPIRE, Defendants

ADJ number
ADJ9077087
Decision date
Apr 11, 2021
District office
San Francisco
WCJ
—
Claim administrator
Broadspire (administering The Hartford)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: lumbar spine, left lower leg

LC §4062LC §4610LC §4610.5LC §4610.6LC §5904CCR §9792.9.1

Summary

Applicant Shauna Van Brunt sustained an admitted injury to her lumbar spine and left lower leg. Her treating physician submitted multiple requests for authorization of Buprenorphine, which UR progressively reduced and then denied, with IMR upholding the reductions. Applicant did not appeal the IMR determinations but petitioned for reconsideration/removal of the WCJ's finding that the Appeals Board lacked jurisdiction to review the UR and IMR decisions. The Board held the WCJ's decision was a final order on a threshold jurisdictional issue, and confirmed that absent a UR timeliness challenge or a proper IMR appeal under section 4610.6(h), the Board lacked jurisdiction. The Board also rejected the argument that UR could not be used to wean applicant off previously authorized medication, holding each new prescription requires a fresh RFA subject to UR. The Petition was denied.

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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