Another non published case validating the Valdez v WCAB decision in regards to non MPN reports admissibility

This is a non published case of the Court of Appeal

This is a very significant case for workers’ compensation principles.

The applicant had an admitted injury. The applicant claimed additional body parts that were not admitted. The applicant sought treatment from numerous physicians.

The case went to trial. The Workers’ Compensation Judge (WCJ) awarded the applicant two percent disability. The WCJ excluded reports of seven physicians because the applicant failed to follow procedures in Labor Code section 4062. The WCJ cited the en banc decision of the WCAB in Valdez that barred medical reports generated by medical treatment outside the medical provider network (MPN).

On petition for reconsideration the WCAB affirmed the WCJ decision. On the same day as the WCAB decision the Court of Appeal issued an opinion that non MPN reports were admissible. This case was stayed pending review by the Supreme Court. The Supreme Court affirmed the court of Appeal decision.

After the decision by the Supreme Court this case is referred back to the WCAB to rule on admissibility of medical reports following the ruling in the Valdez case.

Case: Garcia v. WCAB (Illinois Midwest Insurance)

Harvey Brown
3501 Jamboree Rd. Suite 602
Newport Beach, CA 92660

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