Home/Case Law/WILFRED GUERRERO vs. DAVLYN INVESTMENTS INC., ZENITH SAN DIEGO
Regular DecisionReconsideration and Removal

WILFRED GUERRERO vs. DAVLYN INVESTMENTS INC., ZENITH SAN DIEGO

Filed: Feb 10, 2010
San Francisco
ADJ6885827

CompFox AI Summary

In Guerrero, the Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to compel the applicant to receive medical treatment solely within a Medical Provider Network (MPN), but the WCAB found the WCJ's order taking the matter off-calendar was not a final order. Furthermore, the defendant failed to demonstrate significant prejudice or irreparable harm required for removal. The WCAB noted that Labor Code section 4605 permits employees to obtain self-procured medical treatment at their own expense.

Full Decision Text1 Pages

In Guerrero, the Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to compel the applicant to receive medical treatment solely within a Medical Provider Network (MPN), but the WCAB found the WCJ's order taking the matter off-calendar was not a final order. Furthermore, the defendant failed to demonstrate significant prejudice or irreparable harm required for removal. The WCAB noted that Labor Code section 4605 permits employees to obtain self-procured medical treatment at their own expense.

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WILFRED GUERRERO vs. DAVLYN INVESTMENTS INC., ZENITH SAN DIEGO (2010) – San Francisco | CompFox