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Case Name | Leprino Foods v. WCAB (Barela) | |
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Date | 04/30/2010 | |
Note | A worker is entitled to a higher permanent disability award after undergoing an unauthorized surgery that proved successful in hindsight. | |
Citation | F058809 | |
WCC Citation | WCC 36192010 CA |
LEPRINO FOODS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JOEY BARELA, Respondents. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION THE COURT[ 1 ] Leprino Foods (Leprino) petitions this court for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). Rules of Court, rule 8. 495. ) Leprino contends the WCAB erred in awarding an injured employee a higher level of permanent disability after self-procuring a medical surgery legally denied by the employer. BACKGROUND Joey Barela injured his low back on August 31, 2005, while working as a dry mixer operator for Leprino. As the WCAB found, Leprino appropriately exercised its authority to conduct a utilization review and obtain a second medical opinion, which both disagreed with Barela's treating physician.
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