Home/Case Law/MICHAEL GIBSON vs. ORANGE COUNTY TRANSIT AUTHORITY
Regular DecisionWorkers' Compensation Appeal

MICHAEL GIBSON vs. ORANGE COUNTY TRANSIT AUTHORITY

Filed: Feb 19, 2015
Santa Ana
ADJ8897698

CompFox AI Summary

In this workers' compensation case, the Appeals Board granted reconsideration and reversed the initial denial of the applicant's appeal concerning tinnitus masking treatment. The Board found that the Administrative Director's (AD) Independent Medical Review (IMR) determination was invalid because the reviewer failed to follow the statutorily mandated hierarchy of standards for assessing medical necessity. Specifically, the IMR reviewer improperly relied on Medicare guidelines without first considering peer-reviewed scientific and medical evidence, as required by Labor Code section 4610.5(c)(2). Consequently, the case was remanded to the AD for a new IMR by a different reviewer.

Full Decision Text1 Pages

In this workers' compensation case, the Appeals Board granted reconsideration and reversed the initial denial of the applicant's appeal concerning tinnitus masking treatment. The Board found that the Administrative Director's (AD) Independent Medical Review (IMR) determination was invalid because the reviewer failed to follow the statutorily mandated hierarchy of standards for assessing medical necessity. Specifically, the IMR reviewer improperly relied on Medicare guidelines without first considering peer-reviewed scientific and medical evidence, as required by Labor Code section 4610.5(c)(2). Consequently, the case was remanded to the AD for a new IMR by a different reviewer.

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