El Monte Rents, Inc.; Us Fire Insurance administered by Crum and Forster, Ralph Ortegon, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARALPH ORTEGON,Applicant,vs.EL MONTE RENTS, INC.; US FIRE INSURANCE administered by CRUM and FORSTER,Defendants.Case No. ADJ8209402(Los Angeles District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted defendant’s Petition for Reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings of Fact (FF) issued by a workers’ compensation administrative law judge (WCJ) on June 19, 2015. The WCJ found in pertinent part that failure to serve applicant’s attorneys with the utilization review (UR) decision equates to an untimely UR; and that applicant is entitled to home health care services based on the recommendation of her treating physician. Defendant contends that home health care services should have been awarded based on a subsequent report of applicant’s treating physician and not based on an earlier request for authorization (RFA) which was the subject of the UR decision. We received an Answer from applicant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ in response to defendant’s petition for reconsideration, which recommended that the petition be denied. We have reviewed the record and have considered the allegations of the Petition for Reconsideration and the Answer and the contents of the WCJ’s Report, and we now issue our decision after reconsideration. For the reasons discussed below, we will affirm the FF. , BACKGROUND While employed by defendant as a security guard on August 11, 2011, applicant sustained injury to his right knee, right shoulder, and right upper extremity and claimed injury to his neck and other body parts. Applicant thereafter had spinal surgery on his neck.
Ralph Ortegon, vs. El Monte Rents, Inc.; Us Fire Insurance Administered By Crum And Forster,
This case is about Ralph Ortegon, who was employed by El Monte Rents, Inc. and sustained an injury to his right knee, right shoulder, and right upper extremity. His treating physician, Dr. Khalid Ahmed, recommended home health care services for him. El Monte Rents, Inc. requested authorization for the home health care services, which was denied by Utilization Review. The Workers' Compensation Appeals Board granted defendant's Petition for Reconsideration to further study the factual and legal issues in this case. The Board found that the Utilization Review decision was untimely due to the failure to serve applicant's attorneys with the decision, and that applicant was entitled to home health care services based on the recommendation of his
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ8209402
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