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Case Name Sutton v. WCAB
Date 09/21/2007
Note [Unpublished] The ACOEM Guidelines presumptively establish reasonable medical treatment, regardless of the date of injury.
Citation F053104
WCC Citation WCC 32582007 CA
This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. OPINION THE COURT*fn1 Petitioner William R. Sutton asks this court to annul a decision of the Workers' Compensation Appeals Board (WCAB) in which the WCAB remanded the matter for further development of the medical record to determine whether Sutton is entitled to medical treatment arising out of a 1985 stipulated award providing that future medical care "may be" required. At some point thereafter, the Employer contested its liability to provide medical treatment, and Sutton responded by petitioning the WCAB for penalties and attorney fees against the Employer for failing to provide medical treatment. The Employer petitioned the WCAB for reconsideration, contending Sutton never received an award for future medical care because the 1985 stipulation provided that additional medical care " `may be' " provided and then only " `upon reasonable demand. 'The WCAB found the precautionary award limited to the body areas specifically listed and upon Sutton making "a demand in advance of his need for treatment. "Although the WCAB rescinded the WCJ's findings ordering the Employer to provide six months of medical treatment, the WCAB has not yet issued a final determination whether medical evidence demonstrates Sutton requires continued medical treatment due to the 1983 injury and stipulated award.

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