Non-Medical Provider Network physician reports are admissible

This case has already been the subject of two Workers’ Compensation Appeals Board en banc decisions. It has now been decided by the Court of Appeal.

Applicant was treating within the Medical Provider Network (MPN).  Applicant asked for a change of treating physicians. Applicant asked for a physician within the MPN. Applicant started treating with a physician not within the MPN.

The reports of the non-MPN physician were not admitted into evidence. This resulted in the two en banc decisions and this appellate case.

The court of appeal looked at Labor Code section 4616.6 and the Tenet/Centinela Hosp. Medical Ctr. V WCAB (2000) case.

They reviewed multiple sections of 4616.6 which deals with MPN physicians and procedures.   They indicate that the Legislature  did not intend to exclude all non-MPN medical reports pursuant to   section 4616.6.

They indicate that if the legislature would have intended to exclude reports  they would have said so. They did not exclude all reports.  The court of appeal also indicated that Tenet did not stand for that principle either.

Therefore, the reports are admissible.

Case: Valdez v. WCAB Warehouse Demo Services

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

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