California Court of Appeal

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Elliott v. Workers' Comp. Appeals Bd., A125585

Decision of the WCAB that plaintiff's employer was not obligated to provide the requested spinal surgery is reversed and remanded as, in light of its en banc decision in Cervantes v. El Aguila Food Products, Inc. (2009) 74 Cal.Comp.Cases 1336 explicitly denouncing the Brasher holding relied on by the WCAB in this case, the employer is ordered to authorize the requested surgery or object to the treating physician's recommendation under 4062(b) within 10 days of receipt of this order, thereby commencing the spinal surgery second opinion process.

Appellate Information

  • Decided 02/26/2010
  • Published 02/26/2010

Judges

  • REARDON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Mark E. Gearheart, Gearheart & Otis, for Petitioner., William A. Herreras, Marguerite Sweeney, for Amicus Curiae California Applicants' Attorneys Assn. on Behalf of Petitioner., Shaw, Jacobsmeyer, Crain, Claffey and Nix, Paul D. Leveque, Kevin L. Shaw, for Newsgroup of Sacramento and Gallagher Bassett Services, Inc.

  • For Appellees:
  • Neil P. Sullivan, Vincent Bausano, for Respondents Workers' Compensation Appeals Board.
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