What the panel ordered
The WCAB rescinded the December 27, 2021 WCJ Findings and substituted new Findings that the parties did not agree to submit medical treatment disputes to Dr. Siebold, deferring all other issues.
Defendant seeks reconsideration of the Findings of Fact and Award issued on December 27, 2021, by the WCJ, which found that issues of medical treatment shall be resolved by Dr. Richard Siebold per the original stipulation of the parties.
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 plain language of the 2003 Stipulations did not show mutual agreement to submit future medical treatment disputes to Dr. Siebold, and there was no evidence to bypass the statutory utilization review and independent medical review processes.
From the decision · page 5Here, the Stipulations clearly state in Paragraph 4 that: "There is need for medical treatment to cure or relieve from the effects of said injury pursuant to the AME reports of Richard Siebold, M.D." This is a statement that applicant will require medical treatment based on the current opinion of Dr. Siebold; the stipulation does not state that all future medical treatment issues shall be decided by Dr. Siebold. In addition in Paragraph 8, stipulation 2 states that: "The parties stipulate to the findings of the AME Richard Siebold, MD." This appears to be more likely to be an agreement as to Dr. Siebold's opinion as to applicant's permanent disability, and not a statement that disputes regarding medical treatment would be submitted to Dr. Siebold in the future. Thus, based on the plain language of the Stipulations, we do not find that the parties meant to submit their disputes regarding medical treatment to Dr. Siebold.