Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5813
Labor Code section 5813 authorizes sanctions for bad-faith actions or tactics that cause unnecessary delay.
Sanctions were upheld due to defendant's failure to appear and comply with orders.
Labor Code section 4610(i)(1)
Labor Code section 4610(i)(1) sets timelines for Utilization Review decisions on medical treatment requests.
Defendant failed to timely respond to the RFA for lumbar surgery, allowing WCAB to decide medical necessity.
From the decision · page 92.
Need for Medical Treatment (Substantial Evidence)
An injured worker is entitled to all care reasonably required to cure or relieve the worker
from the effects of an industrial injury. California Labor Code (LC) § 4600(a).
Utilization Review (UR) of a Request for Authorization (RFA) is mandated by California
Labor Code (LC) § 4610. The timeline for defendant to review a request is set out in LC
§ 4610(i)(1) as follows:
Labor Code section 4600(a)
Labor Code section 4600(a) entitles injured workers to medical care reasonably required to cure or relieve effects of industrial injury.
Applicant entitled to lumbar surgery as recommended by medical evidence.
From the decision · page 92.
Need for Medical Treatment (Substantial Evidence)
An injured worker is entitled to all care reasonably required to cure or relieve the worker
from the effects of an industrial injury. California Labor Code (LC) § 4600(a).
Utilization Review (UR) of a Request for Authorization (RFA) is mandated by California
Labor Code (LC) § 4610. The timeline for defendant to review a request is set out in LC
§ 4610(i)(1) as follows:
Title 8 CCR 10421(b)(1)
Title 8 CCR 10421(b)(1) provides basis for sanctions for failure to appear at trial without reasonable excuse.
Sanctions imposed for defendant's failure to appear at May 7, 2024 trial.
Title 8 CCR 10421(b)(4)
Title 8 CCR 10421(b)(4) provides basis for sanctions for failure to comply with WCAB orders.
Sanctions imposed for defendant's failure to respond to orders requiring explanation for non-appearance.