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April 20, 2011
Special Alert:
WCAB En Banc Decision
valdez v. warehouse demo services 

On April 20, 2011, the WCAB issued an en banc decision in Valdez v Warehouse Demo Services, Zurich North America, Adjusted by ESIS (ADJ7048296).

 

According to the WCAB:  

 

"The WCJ awarded the applicant temporary disability indemnity based on medical reports obtained by the applicant from outside the defendant's medical provider network (MPN).

 

"Upon defendant's petition for reconsideration the Appeals Board en banc granted reconsideration and held that, where unauthorized medical treatment is obtained outside a validly established and properly noticed Medical Provider Network (MPN), reports from the non-MPN doctors are inadmissible, they may not be relied upon, and defendant is not liable for their cost.

 

"Because it was not clear from the record that there was a validly established and properly noticed MPN, the Appeals Board rescinded the WCJ's finding and returned the matter to the trial level to develop the record and make a determination on that issue."

 

Read the decision: http://www.dir.ca.gov/wcab/EnBancdecisions2011/ValdezE.pdf

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