CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) decision and dismissed the applicant's petition for removal. The WCJ had previously ruled that the WCAB lacked jurisdiction to decide on the necessity of back surgery due to procedural defects in the employer's utilization review denial, deferring such issues to the Independent Medical Review (IMR) process. The WCAB found the WCJ's order to be a final decision and granted reconsideration to thoroughly review the factual and legal aspects of the case. This reconsideration is for the purpose of issuing a just and reasoned decision after further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) decision and dismissed the applicant's petition for removal. The WCJ had previously ruled that the WCAB lacked jurisdiction to decide on the necessity of back surgery due to procedural defects in the employer's utilization review denial, deferring such issues to the Independent Medical Review (IMR) process. The WCAB found the WCJ's order to be a final decision and granted reconsideration to thoroughly review the factual and legal aspects of the case. This reconsideration is for the purpose of issuing a just and reasoned decision after further proceedings.
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