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Case Name Leprino Foods v. WCAB (Barela)
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 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION THE COURT[ 1 ] Leprino Foods (Leprino) petitions this court for a writ of review from a decision of the Workers' Compensation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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