What the panel ordered
The WCAB rescinded the February 7, 2022 Findings and Award and substituted new findings denying the September 13, 2021 Request for Authorization and finding no requirement for utilization review; applicant is not entitled to the Functional Restoration Program at defendant's expense.
Defendant sought reconsideration of the WCJ's Findings and Award issued February 7, 2022, which granted applicant's request for Functional Restoration Program treatment authorization; the WCAB granted reconsideration and issued a new 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 September 13, 2021 report from Dr. Small did not document a change in material facts to support the RFA; therefore, utilization review was not required and the applicant is not entitled to the Functional Restoration Program at defendant's expense.
From the decision · page 4Otherwise stated, defendant was not required to submit the September 13, 2021 RFA for UR, and the record does not contain substantial evidence that supports the award of future medical treatment in the form of the Functional Restoration Program requested by Dr. Small. Accordingly, we rescind the F&A and substitute a new Findings of Fact, finding that the September 13, 2021 report from Dr. Small does not constitute substantial evidence in support his September 13, 2021 RFA; that Utilization Review of the September 13, 2021 RFA was not required; and that applicant is not entitled to undergo the Functional Restoration Program at defendant's expense.