Home/Case Law/DAVID SMITH vs. RMD REBAR, SEABRIGHT INSURANCE COMPANY
Regular DecisionReconsideration Decision

DAVID SMITH vs. RMD REBAR, SEABRIGHT INSURANCE COMPANY

Filed: Oct 10, 2013
San Francisco
ADJ8920582 (LBO 0029109)

CompFox AI Summary

This case involves an applicant's claim for workers' compensation medical treatment, specifically facet blocks and a spinal cord stimulator. The Appeals Board affirmed an arbitrator's July 31, 2012 decision, as amended, finding no unreasonable delay in authorizing this treatment after prior related decisions. The Board also affirmed a June 14, 2013 decision by another arbitrator, which imposed a penalty and awarded attorney's fees for defendant's unreasonable delay in authorizing separate treatment (radio frequency ablation). The Appeals Board emphasized the importance of attorney fees to ensure injured workers have recourse for denied medical treatment, even without a monetary award.

Full Decision Text1 Pages

This case involves an applicant's claim for workers' compensation medical treatment, specifically facet blocks and a spinal cord stimulator. The Appeals Board affirmed an arbitrator's July 31, 2012 decision, as amended, finding no unreasonable delay in authorizing this treatment after prior related decisions. The Board also affirmed a June 14, 2013 decision by another arbitrator, which imposed a penalty and awarded attorney's fees for defendant's unreasonable delay in authorizing separate treatment (radio frequency ablation). The Appeals Board emphasized the importance of attorney fees to ensure injured workers have recourse for denied medical treatment, even without a monetary award.

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DAVID SMITH vs. RMD REBAR, SEABRIGHT INSURANCE COMPANY (2013) – San Francisco | CompFox