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Case Name | SCIF v. WCAB (Sandhagen) | |
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Date | 07/03/2008 | |
Note | The Legislature intended to require employers to conduct utilization review when considering requests for medical treatment, and not to permit employers to use section 4062 to dispute employees' treatment requests. The language of section 4610 and 4062 mandates this result. | |
Citation | S149257 | |
WCC Citation | WCC 33912008 CA |
State Fund sought reconsideration by the Workers' Compensation Appeals Board (WCAB). Due to the important legal issues presented and in order to secure uniformity of future decisions, the matter was assigned to the WCAB as a whole for an en banc decision. *fn4 Accordingly, the WCAB vacated the workers' compensation judge's determination that Sandhagen was entitled to the MRI and instead gave State Fund an opportunity to proceed under section 4062. A. Statutory Scheme Requires Employers to Conduct Utilization Review When Resolving Requests for Medical Treatment Section 4610 requires that "[e]very employer . If the hearing failed to satisfy the parties, theycould seek reconsideration by the WCAB (§ 5900) and, ultimately, review by the Court of Appeal (§ 5950).
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