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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ2706622 (POM 0301949)
Regular
Jan 17, 2012

JANETTE CHAVEZ vs. SUPERIOR TRAILER, BARRETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration of a prior finding that the defendant failed to provide proper notice of its Medical Provider Network (MPN). The defendant provided applicant's attorney with MPN provider lists, but one list provided months before the applicant's treatment did not include Dr. Higginbotham. Despite this, the Board found that the defendant provided adequate notice by including a website URL for the MPN directory and printed lists, establishing that Dr. Higginbotham was not an approved provider. Consequently, the Board amended the findings to state the defendant is not liable for Dr. Higginbotham's lien.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNLiensFindings of FactReconsiderationWCJCompromise and ReleasePetition for ReconsiderationReport and Recommendation
References
Case No. ADJ2359364 (FRE 0248119) ADJ4245839 (FRE 0248120) ADJ3951771 (FRE 0248121)
Regular
Feb 04, 2010

MARIA SOLANO DE SOTO vs. FOSTER FARMS

Lien claimants sought reconsideration after their claims were denied for providing medical services outside the defendant's Medical Provider Network (MPN). The Board denied reconsideration, affirming the original decision that services provided after the applicant received proper MPN notice were not compensable. Petitioners stipulated to the applicant's MPN notice and their own lack of MPN participation, undermining their claim that the defendant's notice was deficient. Ultimately, the petitioners failed to prove the defendant neglected or refused to provide reasonable medical treatment, a necessary element for self-procured treatment claims under *Knight*.

MPNMedical Provider NetworkKnight v. United Parcel Servicelien claimantsFindings and Awarddisallowed liensproper MPN noticeLabor Code sections 4613.1 and 4613.3Administrative Director Rule 9767.12(a)self-procured medical treatment
References
Case No. ADJ8331259
Regular
Dec 21, 2012

MARIELA GOMEZ vs. PROVIDENCE FARMS, LLC, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the WCJ's report, emphasizing that the defendant's failure to properly notify the applicant about changing treating physicians within the Medical Provider Network (MPN) resulted in a denial of necessary medical treatment. This failure to inform the applicant of her rights, particularly regarding physician selection and dispute resolution processes within the MPN, constituted a neglect or refusal to provide reasonable medical treatment, as established by precedent. Consequently, the applicant was permitted to continue receiving treatment outside the MPN until she could begin care with a designated physician within the network.

Workers' Compensation Appeals BoardProvidence FarmsLLCZenith Insurance CompanyMariela GomezADJ8331259Order Denying ReconsiderationPetition for ReconsiderationMedical TreatmentMedical Provider Network
References
Case No. ADJ603509
Regular
Aug 03, 2010

PATRICIA NUNEZ vs. MAINSTAY BUSINESS SOLUTIONS

The Workers' Compensation Appeals Board reversed a prior award, ruling that lien claimants Fred Hafezi, M.D., Inc., and Whittier/Anaheim Physical Therapy Center were not entitled to reimbursement. The Board found that the defendant provided a valid Medical Provider Network (MPN) and applicant stipulated to receiving all MPN notices. Crucially, the lien claimants failed to meet their burden of proving they were within the defendant's MPN when services were rendered, thus their claims were disallowed.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Lien ClaimsCompromise and ReleaseBurden of ProofReasonable and Necessary Medical TreatmentSelf-Procured TreatmentReconsiderationFindings and AwardLabor Code
References
Case No. ADJ7222696
Regular
Feb 18, 2011

LAWANDA JACKSON vs. UNIVERSAL PROTECTION SERVICE, AMERICAN CASUALTY COMPANY OF REDDING, PENNSYLVANIA

This case involves an applicant seeking treatment outside the defendant's Medical Provider Network (MPN) following a workplace injury. The WCAB granted the defendant's petition for reconsideration, rescinding the prior finding that allowed out-of-network treatment. The Board determined the Administrative Law Judge (ALJ) failed to fully analyze the case under controlling precedent, specifically the *Knight* decision, which requires a finding of "neglect or refusal to provide reasonable medical treatment." The matter is remanded for further proceedings and a new decision by the ALJ, with the Board noting the argument regarding posting requirements under Labor Code section 3550 is particularly persuasive.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNReconsiderationFinding and OrderLabor CodeAdministrative Director RuleNotice RequirementsDue ProcessReport and Recommendation
References
Case No. ADJ9048259
Regular
Dec 30, 2015

Antonio Avila vs. Barrett Business Services, Inc., Corvel Insurance Company

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's decision that the applicant must treat within the employer's Medical Provider Network (MPN). The Board found that while there were some informational deficiencies, they did not amount to a denial of medical treatment that would justify treating outside the MPN. Crucially, the applicant admitted he liked his MPN physician and only sought to change doctors based on his attorney's recommendation. Evidence showed the employer promptly provided medical treatment and confirmed the applicant's treating physician was within their MPN.

Workers' Compensation Appeals BoardPetition for ReconsiderationMPNMedical Provider NetworkWCJHealth First Medical GroupDr. Eliasattorney's recommendationBBSI MPNCorvel Insurance Company
References
Case No. ADJ3823114 (MON 0252208)
Regular
Dec 03, 2015

ILANA BENLULU vs. BEVERLY SINAI TOWERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, servicing facility for CIGA for RELIANCE INSURANCE COMPANY, in liquidation

This case concerns the proper transfer of an injured worker into a defendant's Medical Provider Network (MPN). The applicant contended she pre-designated her physician, avoiding MPN requirements, but provided no supporting evidence. The Board found that the defendant's prior attempts to transfer the applicant into the MPN were invalid due to insufficient notice or the MPN's failure to meet minimum access standards. Ultimately, the Board determined that a July 15, 2014 notice, properly served and containing all required information, effectively transferred the applicant into the MPN on August 14, 2014.

MPNMedical Provider NetworkReconsiderationFindings of FactWorkers' Compensation Appeals BoardLabor CodePre-designation of PhysicianContinuity of CareTransfer of CareMinimum Access Standards
References
Case No. ADJ9087890
Regular
Jul 03, 2018

SHERLENE WILLIAMS vs. GOLDEN EMPIRE TRANSIT, RISICO CLAIMS MANAGEMENT

This case concerns a lien claimant's claim for reimbursement following applicant Sherlene Williams' industrial injury as a bus driver. The Workers' Compensation Appeals Board affirmed the Administrative Law Judge's decision denying the lien because the medical provider was not within the defendant's Medical Provider Network (MPN). The majority found the WCJ correctly disallowed the lien due to non-compliance with MPN requirements. A dissenting opinion argued the record was incomplete regarding MPN notice to the applicant and recommended further development of evidence.

Medical Provider NetworkMPNLien ClaimantReconsiderationFindings and OrdersCompromise and ReleaseBurden of ProofMPN NoticeLabor Code Section 4616.3Administrative Director's Rule 9767.12
References
Case No. ADJ9028190
Regular
May 29, 2014

YE SUK KWAN KIM vs. B.C.D. TOFU HOUSE, INC., BERKSHIRE HATHAWAY on behalf of CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a WCJ's decision finding applicant sustained industrial injury to her neck and upper extremities. The WCJ also ordered the employer to provide medical treatment outside the Medical Provider Network (MPN). Defendant sought reconsideration, arguing the WCJ erred in allowing out-of-MPN treatment despite proper notice, and in failing to rule on MPN transfer of care. The Board adopted the WCJ's report and denied the defendant's petition, affirming the original findings.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderIndustrial InjuryNeck InjuryUpper ExtremitiesMedical TreatmentMedical Provider NetworkMPNProper MPN Notices
References
Case No. ADJ9957492 ADJ9957588 ADJ10160287
Regular
Jul 14, 2017

JULIO NUNEZ vs. BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a petition for reconsideration by Barrett Business Services, Inc. and Ace American Insurance Company. The defendants sought to overturn a finding that the applicant, Julio Nunez, was entitled to choose his own psychotherapy provider due to a delay in treatment authorization. The Board agreed with the WCJ that the defendant's failure to authorize treatment with a chosen MPN provider after receiving proper notification established the applicant's right to seek care outside the MPN. This entitlement arose from specific instances of delayed and denied authorization for psychotherapy.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and OrderPsychotherapy treatmentMedical Provider NetworkMPNProvider of choiceAuthorizationDelay of treatmentDenial of treatment
References
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