Home/Case Law/FRANK OLIVEIRA vs. KING VENTURES, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

FRANK OLIVEIRA vs. KING VENTURES, STATE COMPENSATION INSURANCE FUND

Filed: Jan 25, 2015
San Luis Obispo
ADJ2333954 (GRO 0032434)

CompFox AI Summary

The Appeals Board vacated the original award, finding the record insufficient to determine if the applicant's ongoing medication use qualified for prior authorization without new utilization review (UR), as per Patterson. The Board also corrected the WCJ's UR timeliness calculation, finding the determination likely timely under the proper Administrative Director Rule. However, the case is remanded to develop the record on whether UR was required and if the UR decision was communicated timely, before addressing penalties. The issue of penalties and attorney fees is deferred pending these further proceedings.

Full Decision Text1 Pages

The Appeals Board vacated the original award, finding the record insufficient to determine if the applicant's ongoing medication use qualified for prior authorization without new utilization review (UR), as per Patterson. The Board also corrected the WCJ's UR timeliness calculation, finding the determination likely timely under the proper Administrative Director Rule. However, the case is remanded to develop the record on whether UR was required and if the UR decision was communicated timely, before addressing penalties. The issue of penalties and attorney fees is deferred pending these further proceedings.

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.