Aaron Alderfer vs. Bbsi/ci Plumbing; Barrett Business Servicing, Inc.

In this case, Aaron Alderfer was awarded medical treatment outside of the Medical Provider Network (MPN) of his employer, Barrett Business Services, Inc., after the Workers' Compensation Judge (WCJ) found that Alderfer had not been provided with actual legal notice of the MPN at the time of hire or at the time of injury. The WCJ found that the Employee Acknowledgment of the MPN, which Alderfer signed in the hospital, failed to provide the information required by Administrative Director (AD) Rule 9767.12, 8 Cal. Code Regs., § 9767.12. The Workers' Compensation Appeals Board denied the employer's Petition for Reconsideration, finding that the employer had

BBSI/CI Plumbing; Barrett Business Servicing, Inc. Aaron Alderfer WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAARON ALDERFER, Applicant,vs.BBSI/CI PLUMBING; BARRETT BUSINESS SERVICES, INC., Defendants.Case No. ADJ7517077OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award of July 5, 2011, in which the workers’ compensation judge (WCJ) found that applicant sustained an industrial injury on October 6, 2010,1 that defendant did not provide applicant actual legal notice of its Medical Provider Network (MPN) at the time of hire on August 26, 2008, and that defendant did not provide applicant actual legal notice of its MPN on or about the time of injury. Pursuant to these findings, the WCJ awarded applicant medical treatment reasonably required to cure or relieve from the effects of the injury, outside of defendant’s MPN.            Defendant contends, in substance, that applicant’s claim of improper notice did not result in a neglect or refusal to provide reasonable medical treatment, that applicant is estopped from claiming lack of proper notice, and that the WCJ erred in finding that applicant lacked proper notice of the MPN within which he was already treating.            Applicant filed an answer.            We have considered the allegations of the Petition for Reconsideration and the Report and Recommendation of the WCJ with respect thereto. Based on our review of the record, and for the reasons stated in said Report, which we adopt and incorporate in conjunction with the discussion set forth below, we will deny defendant’s Petition for Reconsideration. 1            The part of the body injured remains unidentified. ,             In Knight v. United Parcel Service (2006) 71 Cal.Comp.Cases 1423 en banc, the Board held that that an employer or insurer’s failure to provide required notice to an employee of rights under the MPN that results in a neglect or refusal to provide reasonable me

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