Home/Case Law/JOSHUA HAMILTON vs. FRESNO COUNTY SHERIFF'S DEPARTMENT, AMERICAN ALL-RISK LOSS ADMINISTRATORS
Regular DecisionReconsideration

JOSHUA HAMILTON vs. FRESNO COUNTY SHERIFF'S DEPARTMENT, AMERICAN ALL-RISK LOSS ADMINISTRATORS

Filed: Mar 25, 2016
Fresno
ADJ8 140254

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied liability for applicant's spinal surgery. The applicant argued the defendant improperly denied benefits based on an unsigned objection to the treating physician's recommendation. The Board found the defendant's objection may not have been timely initiated, a point not raised at trial. Therefore, the Board rescinded the prior decision and returned the case to the trial level for further proceedings and evidence regarding the timeliness of the objection.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied liability for applicant's spinal surgery. The applicant argued the defendant improperly denied benefits based on an unsigned objection to the treating physician's recommendation. The Board found the defendant's objection may not have been timely initiated, a point not raised at trial. Therefore, the Board rescinded the prior decision and returned the case to the trial level for further proceedings and evidence regarding the timeliness of the objection.

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JOSHUA HAMILTON vs. FRESNO COUNTY SHERIFF'S DEPARTMENT, AMERICAN ALL-RISK LOSS ADMINISTRATORS (2016) – Fresno | CompFox