What the panel ordered
Findings of Fact issued September 21, 2022, rescinded; matter returned to WCJ for further proceedings on Compromise and Release
Petition for reconsideration of WCJ Findings of Fact denied; decision rescinded and matter remanded to WCJ for Compromise and Release review
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found the WCAB lacked jurisdiction over treatment recommendations after timely Utilization Review denial; the petition for reconsideration challenged the timeliness but the matter was resolved by settlement and remand.
From the decision · page 1applicant, petitioned for reconsideration of the Findings of Fact issued by the workers' compensation administrative law judge (WCJ) in this matter on September 21, 2022. In that decision, the WCJ found that the WCAB did not have jurisdiction over the treatment recommendations of Dr. David Patterson's July 11, 2022 Request for Authorization for home healthcare services, as it was timely denied by defendant on July 18, 2022 after Utilization Review. The WCJ further found that disputes over Utilization Review determinations were subject to the exclusive remedy of Independent Medical Review.