What the panel ordered
Petition for Reconsideration denied; matter returned to trial level for further proceedings consistent with opinion.
Defendant seeks reconsideration of the February 10, 2025 Findings and Order regarding unreasonable delay or refusal of medical treatment and deferral of penalties and attorney's fees under Labor Code sections 5814 and 5814.5.
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.
Medical treatment / UR / IMRApplicant prevailedneck · low back · psyche
Based on applicant's credible testimony and defendant's lack of rebuttal evidence, the WCJ's finding of unreasonable delay or refusal of medical treatment was upheld.
From the decision · page 7In the instant matter, based upon applicant's testimony, the passage of time since applicant's last date of treatment through defendant (over three years), and defendant's lack of rebuttal evidence, we agree with the WCJ that defendant unreasonably delayed or refused medical treatment. Per applicant's testimony, treatment was stopped in "late 2021" after the parties settled the claim via an August 18, 2020 Stipulations with Request for Award and "Medicare became aware that Zurich was supposed to be paying the bills." (Minutes Hearing and Summary of Evidence (MOH & SOE), January 14, 2025, p. 4.) Applicant further testified that despite discussions with Zurich's claims adjuster and multiple attempts at securing treatment with numerous providers, he was unable to secure a provider and "did not receive anything from Zurich regarding treatment until he was authorized by [Zurich] to see Dr. Mohamed." (Id. at p.