What the panel ordered
The WCAB affirmed the Findings of Fact, Award, and Orders Admitting Evidence except that it amended the Findings of Fact to defer the issue of whether the treatment provided by Spine and Orthopedic Center was necessary and appropriate medical treatment to cure or relieve the effects of the cumulative injury. The Award of payment to the Spine and Orthopedic Center for medical treatment was deferred and the matter was returned to the WCJ for further proceedings.
Defendant Star Insurance Company sought reconsideration of the Findings of Fact, Award, and Orders Admitting Evidence issued by the WCJ on March 5, 2019. The WCJ had found that the applicant sustained an injury arising out of and in the course of employment and that defendants did not have control over applicant's medical treatment. The WCJ also found the medical treatment provided by lien claimant Spine and Orthopedic Center was reasonable and necessary. The WCJ recommended denial of the petition for reconsideration. The WCAB considered the petition and the WCJ's report and issued a decision after reconsideration.
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 WCAB deferred the issue of whether the treatment provided by Spine and Orthopedic Center was necessary and appropriate medical treatment because the Board lacks medical expertise to determine consistency with MTUS and Labor Code section 4604.5, and recommended further proceedings to address this issue.