ALLDRIN ORCHARDS, INC.; ZENITH INSURANCE COMPANY ERNESTO ZARCO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNESTO ZARCO, Applicant,vs.ALLDRIN ORCHARDS, INC.; ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ7582813ERNESTO ZARCO,OPINION AND DECISION AFTER RECONSIDERATION On September 23, 2011, we granted defendant’s Petition for Reconsideration of the June 30, 2011 Findings of Fact and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that applicant sustained injury to his right leg, neck, back, and abdomen while employed as a farm worker on June 22, 2010. The WCJ further found that applicant is entitled to temporary disability from October 15, 2010 through May 10, 2011 and continuing, that applicant may treat with James Amato, D.C., outside of defendant’s Medical Provider Network (MPN) and that the referral to a hernia specialist is appropriate. We granted reconsideration in order to allow us time to further study the factual and legal issues in this case. We now issue our Opinion and Decision After Reconsideration. Defendant contends that the WCJ erred in finding that applicant may treat with Dr. Amato outside of its MPN arguing that it provided applicant with proper notice. Defendant further contends that the WCJ should not have relied on the opinion of Dr. Amato, a non-MPN doctor, to award temporary disability and medical treatment in the form of a referral to a non-MPN hernia specialist. Applicant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based on our review of the record and for the reasons discussed below, we will affirm the June 30, 2011 Findings of Fact and Award. , Labor Code1 section 4600(a) provides that: “Medical, surgical, chiropractic, acupuncture, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutch
ERNESTO ZARCO vs. ALLDRIN ORCHARDS, INC.; ZENITH INSURANCE COMPANY
In this case, Ernesto Zarco, a farm worker, was injured on June 22, 2010 and initially treated at Oak Valley Hospital. He then received treatment at Work Wellness through July 26, 2010. The employer, Alldrin Orchards, Inc., failed to provide proper notice of their Medical Provider Network (MPN) to the employee, which resulted in the employee seeking treatment outside of the MPN. The Workers' Compensation Appeals Board found that the employer was liable for the reasonable self-procured medical treatment obtained by the employee outside of the MPN.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7582813
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