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Case Name | State Compensation Insurance Fund v. WCAB (SANDHAGEN) | |
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Date | 11/14/2006 | |
Note | The WCAB acted within its authority in prohibiting the use of a report generated by an untimely utilization review process in subsequent proceedings challenging the treatment decision. | |
Citation | 144 Cal. App. 4th 1050 | |
WCC Citation | WCC 31902006 CA |
CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT STATE COMPENSATION INSURANCE FUND, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and BRICE SANDHAGEN, Respondents. C048668 (WCAB No. RDG0115958) BRICE SANDHAGEN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and STATE COMPENSATION INSURANCE FUND, Respondents. Robert W. Daneri, Suzanne Ah-Tye, and Don E. Clark for petitioner and respondent State Compensation Insurance Fund. The employer's insurer, State Compensation Insurance Fund (Fund), disagrees and asserts that only monetary penalties can be imposed for its tardiness; it retains the right to deny the treatment request under the UR process and may pursue remedies under the dispute resolution procedures set forth in section 4062. Fund also asserts the WCAB may impose penalties under section 5814 if an employer delays completion of the UR process.
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