WCAB/Rodriguez

Filed 11/10/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

ILLINOIS MIDWEST INSURANCE B344044

AGENCY LLC,

(W.C.A.B. No. ADJ11532204) Petitioner,

v.

WORKERS’ COMPENSATION

APPEALS BOARD and ORLANDO

RODRIGUEZ,

Respondents.

PROCEEDINGS to review a decision of the Workers’ Compensation Appeals Board. Annulled and remanded. Bradford & Barthel and Louis A. Larres for Petitioner. Anne Schmitz, Eric D. Ledger, and Shiloh Rasmusson for Respondent Workers’ Compensation Appeals Board. Tina Odjaghian Law Group, Tina B. Odjaghian and Michelle Almary for Respondent Orlando Rodriguez. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

This petition concerns the jurisdiction of the Workers’ Compensation Appeals Board (WCAB) to resolve disputes over medical necessity determinations when a worker requires a particular treatment for an extended period of time. Legislative reforms to the workers’ compensation system were enacted in 2004 and 2013 to ensure that when disputes arise over whether a requested medical treatment should be provided, medical professionals make medical necessity determinations, rather than the WCAB…