WCPanelIQ
PanelQMEGranted

Galvan, Arnoldo

ARNOLDO GALVAN, Applicant vs. DONAGHY SALES, LLC., insured by SENTINEL INSURANCE COMPANY, LTD, administered by GALLAGHER BASSETT, Defendants

ADJ number
ADJ9046738
Decision date
Oct 2, 2025
District office
Fresno
WCJ
—
Claim administrator
Gallagher Bassett (administering for Sentinel Insurance Company, Ltd.)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

Injury / body parts: sleep, neck, bilateral knees, bilateral arms, bilateral hands/fingers, bilateral wrists, entire back, bilateral shoulders, bilateral legs

LC §4604.5LC §4610LC §5307.27LC §5803LC §5804LC §5805LC §5813LC §5900LC §5901LC §5902LC §5903LC §5904LC §5907LC §5908LC §5908.5LC §5909LC §5950CCR §9785.5CCR §9792.6.1CCR §9792.9.1CCR §9792.20CCR §9792.27.23CCR §10109CCR §10955

Summary

Applicant Arnoldo Galvan sustained a stipulated cumulative trauma injury (July 25, 2012 to July 12, 2013) while working as a driver. After defendants failed to provide treating physician Dr. William Foxley with the correct fax number for utilization review and never submitted eleven RFAs to UR, the WCJ found the requested treatment medically reasonable and necessary, awarded it, and issued a notice of intention to impose sanctions under Labor Code section 5813. Defendants petitioned for reconsideration and removal, arguing UR was timely and properly conducted, that the WCAB lacked jurisdiction over medical necessity, that the MTUS was misapplied, and that the WCJ improperly excluded certain exhibits. The Appeals Board granted reconsideration to allow further study, finding the record was not properly developed on whether timely UR determinations were made and communicated and how the MTUS applies to each treatment request. The Board deferred a final decision pending further review of the merits and the entire record.

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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