UNION FRAMING, INC., Permissibly Self-insured, FELIPE ANDRADE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFELIPE ANDRADE, Applicant,vs.UNION FRAMING, INC., Permissibly Self-insured, Defendant.Case No. ADJ3771318 (OAK 0347028)OPINION AND DECISION AFTER RECONSIDERATION On May 8, 2009, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the February 11, 2009 Findings and Award to further study the factual and legal issues. This is our decision after reconsideration. In the February 11, 2009 Findings and Award, the workers’ compensation administrative law judge found that the applicant, while employed as a framer by Union Framing, Inc., sustained an injury to his low back. The WCJ also found that the defendant refused to provide reasonable medical treatment and, therefore, pursuant to Labor Code section 4600(a), the applicant is entitled to self-procure reasonable medical treatment outside of defendant’s medical provider network (MPN). Defendant contends that the WCJ erred in finding that the applicant is entitled to self- procure reasonable medical treatment, arguing that defendant provided the applicant with the required notices regarding treatment within the MPN and that there is no legal basis for allowing self-procured medical treatment indefinitely. Defendant also contends that the WCJ erred in admitting applicant’s exhibit 2. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer. The WCJ prepared a Report and Recommendation on , Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed by the WCJ in his report, which we adopt and incorporate by reference with the exception of the second full paragraph on page 15, and for the reasons discussed below, we will affirm the WCJ’s decision. The Appeals Board has recognized that an employer
Felipe Andrade, vs. Union Framing, Inc., Permissibly Self-insured,
(OAK 0347028) is a case in which the Workers' Compensation Appeals Board (Appeals Board) granted reconsideration of the February 11, 2009 Findings and Award to further study the factual and legal issues. The Appeals Board found that the applicant, while employed as a framer by Union Framing, Inc., sustained an injury to his low back. The WCJ also found that the defendant refused to provide reasonable medical treatment and, therefore, pursuant to Labor Code section 4600(a), the applicant is entitled to self-procure reasonable medical treatment outside of defendant's medical provider network (MPN). The Appeals Board affirmed the WCJ's decision, recognizing that an employer or insurer may satisfy its obligation under Labor Code section
- Filed On:
- Court: California, Oakland
- Case No. ADJ3771318
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