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| Case Name | Cervantes v. El Aguila Food Products | |
|---|---|---|
| Date | 11/19/2009 | |
| Note | [En Banc] The procedures and timelines governing objections to a treating physician's recommendation for spinal surgery are contained in Labor Code sections 4610 and 4062 and in Administrative Director (AD) Rules 9788.1, 9788.11, and 9792.6(o). | |
| Citation | ADJ3675309 | |
| WCC Citation | WCC 35812009 CA |
ADJ3675309 (SAL 0081669) ADJ2967795 (SAL 0101259) ADJ3517685 (SAL 0077391) ADJ1962561 (SAL 0077392) JESUS CERVANTES, Applicant, vs. EL AGUILA FOOD PRODUCTS, INC. ; SAFECO INSURANCE CO. OF ILLINOIS; SUPERIOR NATIONAL INSURANCE CO. , In Liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; and BROADSPIRE (Servicing Facility), AFTER RECONSIDERATION (EN BANC) Defendant(s). BACKGROUND Applicant, Jesus Cervantes, sustained several industrial injuries to his low back in 1996, , and 1998, while employed by El Aguila Food Products, Inc. (El Aguila). El Aguila was insured by Safeco for two of these injuries. In the January 16, 2009 report, Dr. Dureza said: "I do feel somewhat confident that the patient would benefit from surgery . . . Accordingly, the implicit legislative purpose in establishing UR was to create an expeditious and inexpensive method to assess treating physician's medical treatment recommendations.
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