> >
| Case Name | Brasher v. Nationwide Studio Fund | |
|---|---|---|
| Date | 09/05/2006 | |
| Note | Where statutory process has been followed for spinal surgery second opinion, and the delay is due solely to the DWC's failure to comply with its obligation under section 4062(b), there is no reasonable basis for terminating the second opinion process. | |
| Citation | 71 Cal. Comp. Cases 1282 | |
| WCC Citation | WCC 31792006 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. OAK 0296709 DEANNA BRASHER, Applicant, vs. NATIONWIDE STUDIO FUND; and STATE COMPENSATION INSURANCE FUND, Defendant(s). Defendant referred this request for surgery to utilization review and, on February 17, 2006, denied Dr. Park's request, based on the utilization review report. Additionally, on February 21, 2006, defendant filed a DWC Form 233 Objection To Treating Physician's Recommendation For Spinal Surgery with the Administrative Director. You then have 10 days from receipt of the second request of treating physician's report containing the recommendation for spinal surgery. Whether the Division of Workers' Compensation Medical Unit appropriately followed procedures set forth in Labor Code Sections 4062(b) and 4610.
Download full case here.
Download full case here.