Home/Case Law/SAMANTHA HOWE vs. SCRIPPS HEALTH, Permissibly Self-Insured
Regular DecisionRegular Panel Decision

SAMANTHA HOWE vs. SCRIPPS HEALTH, Permissibly Self-Insured

Filed: Feb 07, 2011
San Francisco
ADJ722399 (SDO 0324979) ADJ1109167 (SDO 0339490)

CompFox AI Summary

The Appeals Board denied defendant Scripps Health's petition for removal, upholding the WCJ's decision to deny a compel order for a QME examination. Scripps Health sought to compel an examination by Dr. Strauser regarding applicant Samantha Howe's pain management treatment. The Board ruled that Scripps Health's objection to the pain management treatment must be addressed through utilization review, not a QME evaluation, citing the Sandhagen Supreme Court decision. Therefore, Scripps Health is barred from using Labor Code section 4062 to dispute treatment recommendations for pain management.

Full Decision Text1 Pages

The Appeals Board denied defendant Scripps Health's petition for removal, upholding the WCJ's decision to deny a compel order for a QME examination. Scripps Health sought to compel an examination by Dr. Strauser regarding applicant Samantha Howe's pain management treatment. The Board ruled that Scripps Health's objection to the pain management treatment must be addressed through utilization review, not a QME evaluation, citing the Sandhagen Supreme Court decision. Therefore, Scripps Health is barred from using Labor Code section 4062 to dispute treatment recommendations for pain management.

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