The Workers’ Compensation Appeals Board Issued an EN BANC Decision on the Use of Non-MPN Physicians
- Posted By: Harvey Brown
- November 1, 2011
This is a very significant case for workers’ compensation principles.
The applicant sustained injury to his low back and right hip. The applicant began treatment for the injury through the employer’s medical provider network (MPN). For no apparent reason and without following the procedures of the MPN the applicant switched treating physicians to a non-MPN physician.
At a hearing on issues of temporary disability and attorney’s fees the workers’ compensation judge (WCJ) deferred any issues involving the MPN. The WCJ rejected the defendant’s arguments that the non-MPN physicians were inadmissible.
Defendant filed a Petition for Reconsideration, which resulted in this EN BANC decision.
The WCAB decided that non-MPN treatment reports are inadmissible where unauthorized treatment has been obtained outside a validly established and properly noticed MPN because the non-MPN physician is not the primary treating doctor. Therefore, these reports were not admitted into evidence.
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez, Valenzuela and Brown
Address: 3501 Jamboree Suite 602, NB 92660
Phone: 949 252-1300
Case: Valdez v Warehouse Demo Services, Zurich North This is an EN BANC decision of the Workers’ Compensation Appeals Board (WCAB)
- Posted In: Medical Treatment, Work Injury