The Supreme Court Issued A Decision on The Admissibility of Non MPN Reports in the Valdez Case

The applicant suffered an injury at work. The applicant began treatment with a physician in the employer’s Medical Provider Network (MPN). The applicant was dissatisfied with that doctor. She did not change doctors within the network or seek a second or third opinion with an MPN doctor. Instead, the applicant sought treatment from a non MPN doctor.

The applicant sought temporary disability based on the reports of the non MPN doctor. The employer objected under Labor Code section 4616.6.

At a hearing, the Workers’ Compensation Judge (WCJ) ruled the reports of the non MPN doctor were admissible. The Workers’ Compensation Appeals Board (WCAB) on reconsideration rescinded the WCJ award and indicated section 4616.6 precluded admi ssion of the non MPN report. The Court of Appeal annulled the WCAB decision.

The Supreme Court indicated that section 4616.6 is not a rule of exclusion of other reports. The Board can consider medical reports generated outside the MPN when reviewing applications for disability benefits.

Case: Valdez V. WCAB

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

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