CompFox AI Summary
This case concerns a dispute over further spinal surgery for an applicant with an industrial back injury. The applicant appealed a denial of surgery based on an Independent Medical Review (IMR) decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior finding, and returned the case to the trial level. The WCAB determined that the applicant's appeal of the IMR is permissible regardless of service timeliness and that the Administrative Law Judge must assess if the IMR determination meets statutory standards and constitutes substantial evidence.
Full Decision Text1 Pages
This case concerns a dispute over further spinal surgery for an applicant with an industrial back injury. The applicant appealed a denial of surgery based on an Independent Medical Review (IMR) decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior finding, and returned the case to the trial level. The WCAB determined that the applicant's appeal of the IMR is permissible regardless of service timeliness and that the Administrative Law Judge must assess if the IMR determination meets statutory standards and constitutes substantial evidence.
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