Home/Case Law/PETER WINOKUR vs. MONTEREY FINANCIAL SERVICES, FARMERS INSURANCE GROUP
Regular DecisionReconsideration

PETER WINOKUR vs. MONTEREY FINANCIAL SERVICES, FARMERS INSURANCE GROUP

Filed: Mar 29, 2018
ADJ1424522 (SDO 0299397)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) affirmed a judge's decision denying the applicant's claim for acupuncture and lidocaine patches. The applicant argued that acupuncture was not subject to utilization review (UR) based on Patterson v. The Oaks Farm, but the Board found Patterson inapplicable as there was no evidence of ongoing authorization for acupuncture. All Independent Medical Review (IMR) determinations upholding UR denials were affirmed, as the WCAB's review of IMR decisions is limited to specific grounds. The applicant failed to present clear and convincing evidence of plainly erroneous factual findings by IMR.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) affirmed a judge's decision denying the applicant's claim for acupuncture and lidocaine patches. The applicant argued that acupuncture was not subject to utilization review (UR) based on Patterson v. The Oaks Farm, but the Board found Patterson inapplicable as there was no evidence of ongoing authorization for acupuncture. All Independent Medical Review (IMR) determinations upholding UR denials were affirmed, as the WCAB's review of IMR decisions is limited to specific grounds. The applicant failed to present clear and convincing evidence of plainly erroneous factual findings by IMR.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

PETER WINOKUR vs. MONTEREY FINANCIAL SERVICES, FARMERS INSURANCE GROUP (2018) – | CompFox