AT&T SEDGWICK CLAIMS MANAGEMENT SERVICES, DEBORAH YBARRA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBORAH YBARRA, Applicant,vs.AT&T SEDGWICK CLAIMSMANAGEMENT SERVICES, Defendants.Case No. ADJ3111738 (VNO 0555386)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of October 15, 2008, wherein the WCJ found that, while employed as a “collections rep/data entry” on November 8, 2006, applicant sustained industrial injury to her bilateral shoulders, cervical spine, thoracic spine, bilateral upper and lower extremities, internal system, psyche, and in the form of headaches and sleeping difficulties, causing temporary disability from November 9, 2006 to September 27, 2008, and the need for further medical treatment. According to the WCJ’s Opinion on Decision, the WCJ found that the applicant did not sustain industrial injury to her lumbar spine. Defendant contends that the WCJ erred in “not addressing the issue of Treatment Outside of the [Medical Provider Network (“MPN”)] which was raised by the Defendants at the [Mandatory Settlement Conference].” We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. We will deny the defendant’s petition for reconsideration. Although the issues listed for determination at trial on the Minutes of Hearing included “treating outside of MPN,” we are unclear as to the precise issue that defendant was attempting to raise. To the extent that defendant is contending that the WCJ incorrectly relied upon the reports of treating physicians outside the MPN in finding industrial injury, or incorrectly found that , , applicant is entitled to self-procured medical expenses for treatment outside the MPN1 , we disagree with the defendant’s contentions. In this case, defendant denied liability for the applicant’s in
Deborah Ybarra, vs. At&t; Sedgwick Claims Management Services,
In this case, the Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a workers' compensation administrative law judge's ("WCJ") Findings and Award of October 15, 2008, wherein the WCJ found that the applicant sustained industrial injury to her bilateral shoulders, cervical spine, thoracic spine, bilateral upper and lower extremities, internal system, psyche, and in the form of headaches and sleeping difficulties, causing temporary disability from November 9, 2006 to September 27, 2008, and the need for further medical treatment. The defendant argued that the WCJ erred in not addressing the issue of treatment outside of the Medical Provider Network, which was raised by the defendant at the Mandatory Settlement Conference. The Board denied the defendant's
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3111738
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