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Case Name | SCIF v. WCAB (Sandhagen) | |
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Date | 07/16/2009 | |
Note | [Unpublished] Utilization review process is mandatory and SCIF cannot resort to proceedings under 4062 as a method for disputing injured worker's treatment request. | |
Citation | C048668 | |
WCC Citation | WCC 35432009 CA |
The WCAB asserts, as a threshold matter, that its decision is not a final order and the petition for review is premature. Instead, the WCAB gave Fund a reasonable opportunity to obtain a section 4062, subdivision (a) evaluation to assess the reasonableness and necessity of treatment. *fn6 II RIPENESS The WCAB argues its November 16, 2004, decision is not a final order subject to a petition for writ of review. Therefore, the WCAB concludes, the order cannot be considered final since it failed to determine any substantive right or liability. DISPOSITION The WCAB's decision is annulled, and the matter is remanded to the WCAB for further proceedings consistent with this opinion.
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