Laing v. WCAB (Kaiser Engineers)
James Laing petitions for review (Labor Code, 5952) of the decision after reconsideration of the Workers Compensation Appeals Board (Board) amending the findings, award and order issued in his case. The Board held that [t]he spinal surgery recommended by [Laings] treating physician is not reasonably required to cure or relieve [Laing] from the effects of the injury. We hold that the Board improperly applied the American College of Occupational and Environmental Medicine guidelines (ACOEM guidelines) to conclude that the surgery was unnecessary, and that, on this record, the Board was required to remand the case for compliance with the second opinion procedures mandated by section 4062, subdivision (b).The portion of the Boards decision amending the findings, award and order of September 25, 2006 is annulled. The matter is remanded to the Board with directions to issue a new decision after reconsideration remanding the matter for the random selection of a second opinion orthopedic surgeon or neurosurgeon by the administrative director.
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