Alejandro Noriega vs. The Chesecake Factory Ace American Insurance Comp Any Administered By Gallagher Bassett Services

is a case involving Alejandro Noriega, an employee of The Cheesecake Factory, who sustained an admitted low back injury while working on September 6, 2013. Noriega filed a Petition for Reconsideration from the decision following an Expedited Hearing, wherein it was found that the employer was not liable for chiropractic care he had procured on his own, outside the employer's Medical Provider Network. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that the employer had provided timely and effective notices regarding the Medical Provider Network, and that there was no delay or refusal of treatment.

THE CHESECAKE FACTORY ACE AMERICAN INSURANCE COMP ANY administered by GALLAGHER BASSETT SERVICES ALEJANDRO NORIEGA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALEJANDRO NORIEGA, Applicant,vs.THE CHESECAKE FACTORY; ACEAMERICAN INSURANCE COMPANY,administered by GALLAGHER BASSETTSERVICES,    Defendants.Case No. ADJ9207015(Marina del Rey District Office)ORDER DENYINGPETITION FORRECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’ s report, which we adopt and incorporate, we will deny reconsideration.            The request in defendant’s answer for sanctions and attorney’s fees is denied./ / // / // / // / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________MARGUERITE SWEENEY         I CONCUR,        _____________________________________________RONNIE G. CAPLANE        _____________________________________________DEIDRA E. LOWE        DATED AND FILED AT SAN FRANCISCO, CALIFORNIA                JUL 31 2014    SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ALEJANDRO NORIEGAELLIOTT WACHTELGURVITZ MARLOWE & FERRISmm , CASE NUMBER: ADJ9207015ALEJANDRO NORIEGAVS.THE CHEESECAKE FACTORY; ACE-USAJUDGE:GILBERT KATENDATE OF INJURY:SEPTEMBER 6, 2013[h3]REPORT AND RECOMMENDATION ON PETITION FOR[/h3][h3]RECONSIDERATION FOLLOWING EXPEDITED HEARING[/h3]INTRODUCTIONApplicant, Alejandro Noriega, born __________ who sustained an admitted low back injury, and claims additionally a mid-back injury, while employed as a cook on September 6, 2013, has filed a timely and verified Petition for Rec

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