Home/Case Law/CONSUELO VIEYRA vs. COUNTY OF LOS ANGELES
Regular DecisionReconsideration

CONSUELO VIEYRA vs. COUNTY OF LOS ANGELES

Filed: Jun 05, 2018
Van Nuys
ADJ6975049

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings, finding that the defendant's utilization review denials were not timely communicated to the physician. While the initial WCJ found the UR timely, the WCAB disagreed, asserting jurisdiction to determine medical necessity. Crucially, the WCAB found that the 2009 Medical Treatment Utilization Schedule (MTUS) guideline used for the denial was an invalid regulation. The matter was returned for further development of the record regarding medical necessity, considering the proper legal framework for treatment requests.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings, finding that the defendant's utilization review denials were not timely communicated to the physician. While the initial WCJ found the UR timely, the WCAB disagreed, asserting jurisdiction to determine medical necessity. Crucially, the WCAB found that the 2009 Medical Treatment Utilization Schedule (MTUS) guideline used for the denial was an invalid regulation. The matter was returned for further development of the record regarding medical necessity, considering the proper legal framework for treatment requests.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CONSUELO VIEYRA vs. COUNTY OF LOS ANGELES (2018) – Van Nuys | CompFox