STATE COMP. INS. FUND v. WORKERS' COMP. APPEALS BD.

No. S149257.

44 Cal.4th 230 (2008)

STATE COMPENSATION INSURANCE FUND, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and BRICE SANDHAGEN, Respondents. BRICE SANDHAGEN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and STATE COMPENSATION INSURANCE FUND, Respondents.

Supreme Court of California.

July 3, 2008.


Attorney(s) appearing for the Case

Robert W. Daneri, Suzanne Ah-Tye and Don E. Clark for Petitioner and for Respondent State Compensation Insurance Fund.

Law Offices of Saul Allweiss and Michael A. Marks for California Workers' Compensation Institute as Amicus Curiae on behalf of Petitioner and Respondent State Compensation Insurance Fund.

Sweeney and Forbes and Marguerite Sweeney for Respondent and for Petitioner Brice Sandhagen.

David Bryan Leonard for California Society of Industrial Medicine & Surgery, Inc., as Amicus Curiae on behalf of Respondent and Petitioner Brice Sandhagen.

Hinden, Grueskin, Rondeau & Breslavsky, Graiwer & Kaplan and Charles R. Rondeau for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent and Petitioner Brice Sandhagen.

Neil P. Sullivan and Vincent Bausano for Respondent Workers' Compensation Appeals Board.


OPINION

MORENO, J.

This case presents two related workers' compensation issues: (1) When deciding whether to approve or deny an injured employee's request for medical treatment, must an employer conduct utilization review pursuant to Labor Code section 4610?1 (2) As an alternative to utilization review, may an employer elect to dispute a request for medical treatment under section 4062, which permits an...

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