Home/Case Law/JESUS MARTINEZ vs. NEW FRENCH BAKERY; Permissibly Self-Insured
Regular DecisionReconsideration

JESUS MARTINEZ vs. NEW FRENCH BAKERY; Permissibly Self-Insured

Filed: Aug 27, 2013
Oxnard
ADJ8764105

CompFox AI Summary

This case involves an applicant seeking to treat outside his employer's approved medical provider network (MPN) for a shoulder and arm injury. The applicant argued the MPN lacked sufficient orthopedic specialists within 15 miles, but the Appeals Board found this was the wrong distance standard for specialists. Crucially, the Board determined the applicant failed to prove neglect, refusal, or denial of medical treatment, particularly since surgery was authorized and the reason for not undergoing it was unexplained. Therefore, reconsideration was granted, and the applicant's request to treat outside the MPN was denied.

Full Decision Text1 Pages

This case involves an applicant seeking to treat outside his employer's approved medical provider network (MPN) for a shoulder and arm injury. The applicant argued the MPN lacked sufficient orthopedic specialists within 15 miles, but the Appeals Board found this was the wrong distance standard for specialists. Crucially, the Board determined the applicant failed to prove neglect, refusal, or denial of medical treatment, particularly since surgery was authorized and the reason for not undergoing it was unexplained. Therefore, reconsideration was granted, and the applicant's request to treat outside the MPN was denied.

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