WCPanelIQ
En BancQMEMed-legalRemanded

Jesus Cervantes

JESUS CERVANTES, Applicant vs. EL AGUILA FOOD PRODUCTS, INC.; SAFECO INSURANCE CO. OF ILLINOIS; SUPERIOR NATIONAL INSURANCE CO., In Liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; and BROADSPIRE (Servicing Facility), Defendant(s).

ADJ number
—
Decision date
Date unavailable
District office
Salinas
WCJ
—
Claim administrator
Broadspire (Servicing Facility); Safeco Insurance Company of Illinois; California Insurance Guarantee Association
Commissioners
—

Injury / body parts: low back, lumbar spine

LC §115LC §139.2LC §3753LC §3755LC §3759LC §4062LC §4062.1LC §4062.2LC §4062.5LC §4610LC §15CCR §10341CCR §10250CCR §9788.1CCR §9788.11CCR §9788.2CCR §9792.6CCR §9785.2CCR §30.5CCR §31CCR §31.1CCR §31.3CCR §31.5CCR §33CCR §38CCR §9812

Summary

Applicant Jesus Cervantes sustained industrial low back injuries while employed by El Aguila Food Products. His treating physician, Dr. Dureza, recommended lumbar fusion surgery, which Safeco's utilization review (UR) physician denied as not medically necessary. The WCJ found applicant entitled to surgery, deeming the legal procedural issues moot. On reconsideration en banc, the Board addressed the proper procedure when a treating physician recommends spinal surgery, holding that the defendant must conduct UR, and if UR denies the surgery, the defendant (not the employee) must timely object under section 4062(b) within 10 days. The Board expressly disapproved Brasher to the extent it allowed defendants to bypass UR and placed the objection burden on the employee. The Board rescinded the WCJ's order and remanded, giving Safeco 10 days to object because its prior reliance on Brasher was reasonable.

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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