DANVILLE SYCAMORE INN; and EVEREST NATIONAL INSURANCE COMPANY, LIZABETH A. WOOLEY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALIZABETH A. WOOLEY, Applicant,vs.DANVILLE SYCAMORE INN; and EVEREST NATIONAL INSURANCE COMPANY, Defendant(s).Case No. ADJ1676948 (OAK 0319022)OPINION AND DECISION AFTER RECONSIDERATION AND ORDER DISMISSING PETITION FOR RECONSIDERATION/REMOVAL On June 10, 2009, applicant, Lizabeth A. Wooley, filed a petition seeking reconsideration or, in the alternative, removal of the Findings of Fact and Order issued by the workers’ compensation administrative law judge (WCJ). In that decision, the WCJ determined that defendant, Everest National Insurance Company, had timely completed a utilization review that had denied a request by Fred Naraghi, M.D., to authorize spinal surgery. The WCJ then deferred the issue of applicant’s entitlement to spinal surgery and ordered the parties to immediately comply with the spinal surgery second opinion procedures of Labor Code section 4062(b). On August 10, 2009, the Appeals Board granted reconsideration to further study the factual and legal issues in the case. By a letter dated September 3, 2009, defendant’s counsel stated: “Please be advised that Defendant has now authorized the surgery. As such, Applicant’s petition is moot.” By a letter dated September 16, 2009, the Appeals Board wrote to the parties to ask whether, in light of defendant’s agreement to authorize spinal surgery, applicant would now withdraw her petition for reconsideration or, alternatively, would the parties be submitting a stipulation and order to the effect that: (1) applicant is entitled to spinal surgery and (2) if the Appeals Board approves the stipulation, the petition for reconsideration/removal may be dismissed. , The Appeals Board did not receive a response to its September 16, 2009 letter. In light of defendant’s representation that it has authorized the re
Lizabeth A. Wooley, vs. Danville Sycamore Inn; And Everest National Insurance company,
In this case, Lizabeth A. Wooley filed a petition seeking reconsideration or removal of the Findings of Fact and Order issued by the workers' compensation administrative law judge. The judge had determined that defendant, Everest National Insurance Company, had timely completed a utilization review that had denied a request by Fred Naraghi, M.D., to authorize spinal surgery. The Appeals Board granted reconsideration to further study the factual and legal issues in the case. Defendant then agreed to authorize the surgery, rendering the petition moot. The Appeals Board issued a notice of intention to dismiss the petition and, when no objection was filed, dismissed the petition as moot.
- Filed On:
- Court: California, Oakland
- Case No. ADJ1676948
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