After this matter became fully briefed, the WCAB issued its en banc decision in Cervantes v. El Aguila Food Products, Inc. (2009) 74 Cal. Comp. Cases 1336 (Cervantes), explicitly denouncing the Brasher holding relied on by the WCAB in this case. The WCAB agreed with respondents, granted reconsideration and rescinded the workers' compensation judge's order directing respondents to authorize the spinal surgery. Pointedly, the Cervantes court acknowledges that in the present case, the WCAB panel had followed the repudiated Brasher holding which the entire board, including the panelists deciding Elliott's case, now rejects. Unlike en banc decisions of the WCAB, significant panel decisions are not binding precedent in workers' compensation proceedings. However, the WCAB does deem them to be of "significant interest and importance to the workers' compensation community. "

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