Home/Case Law/Applicant vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

Applicant vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

Filed: Dec 07, 2018
Van Nuys
ADJ10444298, ADJ10460437

CompFox AI Summary

The Workers' Compensation Appeals Board denied Lilia Orozco's petition for reconsideration and dismissed her petition for removal. The Board found that the Workers' Compensation Judge's finding, which determined Orozco did not establish the defendant refused or neglected to provide medical treatment through its Medical Provider Network (MPN) and that she cannot treat outside the MPN, constitutes a final order. Therefore, reconsideration is the appropriate remedy, not removal, as removal requires demonstrating reconsideration will not be adequate after a final order.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Lilia Orozco's petition for reconsideration and dismissed her petition for removal. The Board found that the Workers' Compensation Judge's finding, which determined Orozco did not establish the defendant refused or neglected to provide medical treatment through its Medical Provider Network (MPN) and that she cannot treat outside the MPN, constitutes a final order. Therefore, reconsideration is the appropriate remedy, not removal, as removal requires demonstrating reconsideration will not be adequate after a final order.

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