Home/Case Law/MICHAEL COLEMAN vs. RAITO, INC., TIG SPECIALTY INSURANCE CO., RISK ENTERPRISE MANAGEMENT, LTD.
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MICHAEL COLEMAN vs. RAITO, INC., TIG SPECIALTY INSURANCE CO., RISK ENTERPRISE MANAGEMENT, LTD.

Filed: Jan 27, 2009
San Francisco
ADJ3308341

CompFox AI Summary

The Workers' Compensation Appeals Board reconsidered a decision regarding Michael Coleman's entitlement to spinal surgery. The Board found that the defendant, TIG Specialty Insurance, failed to meet the strict procedural timelines required for objecting to a treating physician's surgical recommendation, specifically citing AD Rule 9792.6(o) and Labor Code section 4610(g)(1). Consequently, the Board rescinded the prior award and remanded the case, giving the defendant ten days to properly initiate the objection process for the spinal surgery. The Board also clarified that the Agreed Medical Evaluator was not qualified to perform the required second opinion surgery evaluation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board reconsidered a decision regarding Michael Coleman's entitlement to spinal surgery. The Board found that the defendant, TIG Specialty Insurance, failed to meet the strict procedural timelines required for objecting to a treating physician's surgical recommendation, specifically citing AD Rule 9792.6(o) and Labor Code section 4610(g)(1). Consequently, the Board rescinded the prior award and remanded the case, giving the defendant ten days to properly initiate the objection process for the spinal surgery. The Board also clarified that the Agreed Medical Evaluator was not qualified to perform the required second opinion surgery evaluation.

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MICHAEL COLEMAN vs. RAITO, INC., TIG SPECIALTY INSURANCE CO., RISK ENTERPRISE MANAGEMENT, LTD. (2009) – San Francisco | CompFox