Home/Case Law/MARIA NAVARRO vs. ALIA CORPORATION, dba, MCDONALD'S
Regular DecisionWorkers' Compensation

MARIA NAVARRO vs. ALIA CORPORATION, dba, MCDONALD'S

Filed: Jul 18, 2016
Fresno
ADJ8827377

CompFox AI Summary

The Appeals Board rescinded the WCJ's decision, finding that the defendant's authorization for evaluation did not constitute an admission of injury to the lumbar spine. The Board determined the WCJ erred in finding an industrial injury to the low back as this issue was not properly before the expedited hearing. The case was returned to the trial level for a Mandatory Settlement Conference to address all outstanding issues regarding industrial injury. The Board also noted that utilization review disputes are to be resolved by doctors, not judges.

Full Decision Text1 Pages

The Appeals Board rescinded the WCJ's decision, finding that the defendant's authorization for evaluation did not constitute an admission of injury to the lumbar spine. The Board determined the WCJ erred in finding an industrial injury to the low back as this issue was not properly before the expedited hearing. The case was returned to the trial level for a Mandatory Settlement Conference to address all outstanding issues regarding industrial injury. The Board also noted that utilization review disputes are to be resolved by doctors, not judges.

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MARIA NAVARRO vs. ALIA CORPORATION, dba, MCDONALD'S (2016) – Fresno | CompFox