SacramentoCounty Office of Education v. WCAB (Burnett)
The Workers Compensation Appeals Board (Board) denied the motion for reconsideration of the Sacramento County Office of Education (employer)[1]and adopted the decision of its hearing officer. This decision concluded that Kim Burnett (employee) had satisfied the condition in Labor Code section 4062 of obtaining a second medical opinion in favor of requested spinal surgery, triggering the employers obligation to authorize the surgery. The employer sought a writ of review. ( 5950.) Court issued the writ, and after plenary review Court annul the decision for want of substantial evidence to support its factual premise. ( 5952, subd. (d).)
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