Jennifer Hester vs. Technicolor Permissibly Self-insured

(LAO 0877236) is a case involving Jennifer Hester and Technicolor, a permissibly self-insured company. Jennifer Hester sought reconsideration of the April 4, 2014 Opinion and Decision After Reconsideration, which affirmed the May 15, 2012 decision of the workers' compensation administrative law judge that Technicolor's offer to pay for the surgery per fee schedule as set forth in its October 11, 2011 letter satisfied Technicolor's obligation to authorize the surgery in question and no additional action was required of Technicolor. The Appeals Board dismissed the petition for reconsideration, finding that the petitioner had failed to present any new evidence and was not newly aggrieved.

TECHNICOLOR Permissibly Self-Insured JENNIFER HESTER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJENNIFER HESTER, Applicant,vs.TECHNICOLOR, Permissibly Self-Insured, Defendants.Case No.: ADJ3206000 (LAO 0877236)OPINION AND ORDERDISMISSINGPETITION FORRECONSIDERATION            Applicant seeks reconsideration of the April 4, 2014 Opinion and Decision After Reconsideration, wherein the Appeals Board affirmed the May 15, 2012 decision of the workers’ compensation administrative law judge (WCJ) that “defendant’s offer to pay for the surgery per fee schedule as set forth in its October 11, 2011 letter satisfies defendant’s obligation to authorize the surgery in question and no additional action is required of defendant.” Our April 4, 2014 decision issued after an initial decision on August 10, 2012 wherein we granted reconsideration, and ordered the parties to further develop the medical record by taking certain steps within 15 days of service of the order. The parties selected an agreed medical evaluator in compliance with our order but never submitted any reports from that agreed medical evaluator.            Applicant contends that the Appeals Board erred in affirming the WCJ’s decision, arguing that the Appeals Board granted reconsideration in order to further develop the record and, therefore, the Appeals Board could not issue a decision without an evidentiary hearing or a completely developed record.            We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have not received an answer from defendant. For the reasons stated below, we will dismiss applicant’s petition for reconsideration. If we were not dismissing the Petition, we would deny it based on our April 4, 2014 Opinion and Decision After Reconsideration./ / / ,             It is well settled that where a party fails to prevail on a petition for reconsideration, the Appeals Board will not entertain a successive petition by that party unless

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