Puni Pa’u

Applicant Puni Pa'u sought radio frequency ablation for an accepted back injury; defendant's UR provider (EK Health) denied two treatment requests, each received on a Monday and denied on the following Monday. Applicant contended the UR denials were untimely because Saturday should count as a 'working day' under Labor Code section 4610, which would have exceeded the five-working-day deadline and given the WCAB jurisdiction over the treatment dispute. The Board, in this significant panel decision, held that although Saturday is a business day under Civil Code section 9, it is not a 'working day' under Labor Code section 4610 because that statute does not incorporate the Civil Code section 9 definition. Applying principles of statutory interpretation and modern dictionary, statutory, regulatory, and judicial usage, the Board concluded 'working day' means a day other than Saturday, Sunday, or a Government Code holiday. The Board also held that even if Saturday were a working day, the denials would still be timely under Code of Civil Procedure section 12a, which extends deadlines falling on a Saturday to the next non-holiday. The Board affirmed the WCJ's finding that the UR denials were timely.