Home/Case Law/Patricia Smith vs. Scholle Packaging, Liberty Mutual Insurance Company
Regular DecisionWorkers' Compensation

Patricia Smith vs. Scholle Packaging, Liberty Mutual Insurance Company

Filed: Oct 07, 2015
Fresno
ADJ8171086

CompFox AI Summary

This case concerns Patricia Smith's petition for removal of a WCJ order denying her requested arthroscopic knee surgery. The WCJ found the defendant's utilization review (UR) denial of the surgery request was timely, divesting the WCJ of jurisdiction. The Appeals Board denied the petition for removal, finding the UR determination was timely under Labor Code section 4610(g)(1) and applicable regulations. Therefore, Smith's sole remedy is to pursue an Independent Medical Review (IMR) of the UR decision.

Full Decision Text1 Pages

This case concerns Patricia Smith's petition for removal of a WCJ order denying her requested arthroscopic knee surgery. The WCJ found the defendant's utilization review (UR) denial of the surgery request was timely, divesting the WCJ of jurisdiction. The Appeals Board denied the petition for removal, finding the UR determination was timely under Labor Code section 4610(g)(1) and applicable regulations. Therefore, Smith's sole remedy is to pursue an Independent Medical Review (IMR) of the UR decision.

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Patricia Smith vs. Scholle Packaging, Liberty Mutual Insurance Company (2015) – Fresno | CompFox