Ramirez v. Johnnys Roofing Inc‪.‬

{1} David G. Ramirez (Worker) appeals the adverse administrative disposal of his workers compensation claim. His appeal presents three issues: (1) whether Johnnys Roofing, Inc., and U.S.F. & G. (collectively, Employer) waived their statutory right to redesignate Workers primary health care provider by entering into a partial lump-sum settlement agreement with Worker; (2) whether Worker waived his right to raise the first issue by failing to file an objection to Employers notice of change of health care provider; and (3) whether Workers back surgery was reasonable and medically necessary such that Employer must pay for it. For the reasons stated below, we reverse and remand the order of the Workers Compensation Judge (WCJ).