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ELLIOTT v. WORKERS' COMP. APPEALS BD.

No. A125585.

182 Cal.App.4th 355 (2010)

VICKIE ELLIOTT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and THE NEWSGROUP OF SACRAMENTO et al., Respondents.

Court of Appeals of California, First District, Division Four.

February 25, 2010.

Attorney(s) appearing for the Case

Gearheart & Otis and Mark E. Gearheart for Petitioner.

William A. Herreras and Marguerite Sweeney for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner.

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

Shaw, Jacobsmeyer, Crain, Claffey and Nix, Paul D. LeVeque and Kevin L. Shaw for Respondent Newsgroup of Sacramento and Gallagher Bassett Services, Inc.

OPINION

REARDON, J.—

In State Comp. Ins. Fund v. Workers' Comp. Appeals Bd. (2008) 44 Cal.4th 230, 233-234 [79 Cal.Rptr.3d 171, 186 P.3d 535] (State Comp.), our Supreme Court clarified that when an employer is faced with deciding whether to approve or deny the treatment recommendation of an injured worker's physician, it must conduct utilization review pursuant to Labor Code...

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