WCAB Properly Ruled Applicant Had Done Enough To Object to UR Determination And That Both Parties Had Recognized That Fact
In the unpublished case of Trimas Corporation, et al, v. Workers’ Compensation Appeals Board and Frank Rendon, No. F060040 (July 30), Trimas petitioned for a writ of review of a WCAB decision.В Trimas argued that the WCAB erroneously concluded an employee may proceed to the dispute resolution process without first timely objecting to an employer’s utilization review determination, and that the WCAB erred in finding the issue waived as not raised at trial.В The Fifth Appellate District denied the petition.В The appellate court found that the WCAB had noted that the applicant did enough to resort to the dispute resolution process of Labor Code Section 4062 (a) when he disagreed with the employer’s UR denial of a recommendation for a neurological/neurosurgical evaluation.В The parties, the Court went on, then selected an agreed medical evaluator.В Furthermore, Section 4062 (a) indicates that “good cause or mutual agreement” may extend the 20 days to seek a resolution before the WCAB, and the record contained sufficient evidence that the parties here had agreed to do so at least implicitly.В The Court also held that the appellant had waived any timeliness defense by not raising it before or at the hearing, and that it would not entertain that factual issue on appeal.
July 30, 2010
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