DANVILLE SYCAMORE INN; and EVEREST NATIONAL INSURANCE, LIZABETH A. WOOLEY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALIZABETH A. WOOLEY, Applicant,vs.DANVILLE SYCAMORE INN; andEVEREST NATIONAL INSURANCE, Defendant(s).Case No. ADJ1676948 (OAK 0319022)NOTICE OF INTENTION TO DISMISS 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 11 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 has not received a response to its September 16, 2009 letter. Accordingly, in light of defendant’s representation that it has authorized the requested spinal surgery and in the
Lizabeth A. Wooley, vs. Danville Sycamore Inn; And Everest National Insurance,
(OAK 0319022)
In this case, Lizabeth A. Wooley filed a petition seeking reconsideration or removal of a Findings of Fact and Order issued by the workers' compensation administrative law judge. The judge had determined that 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. However, Everest National Insurance Company then authorized the surgery, making the petition moot. The Appeals Board gave the parties ten days to object to the dismissal of the petition, but no response was received. The Appeals Board will issue an order dismissing the petition unless an objection
- Filed On:
- Court: California, Oakland
- Case No. ADJ1676948
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