CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision finding the defendant not liable for an applicant's back surgery and subsequent hardware removal. The WCAB ruled that while the initial surgery by Dr. Fonseca was deemed unreasonable and unnecessary, the defendant remains liable for the removal of hardware resulting from that surgery as a compensable consequence of the industrial injury. The WCAB rescinded the previous order and returned the case for further proceedings on the issue of credit for the applicant's civil malpractice settlement.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision finding the defendant not liable for an applicant's back surgery and subsequent hardware removal. The WCAB ruled that while the initial surgery by Dr. Fonseca was deemed unreasonable and unnecessary, the defendant remains liable for the removal of hardware resulting from that surgery as a compensable consequence of the industrial injury. The WCAB rescinded the previous order and returned the case for further proceedings on the issue of credit for the applicant's civil malpractice settlement.
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