STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS & REHABILITATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, FREDDIE GONZALEZ, SR., WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFREDDIE GONZALEZ, SR., Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS & REHABILITATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, Defendant(s).Case No. ADJ 1167043 (VNO 0547442)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the June 2, 2009 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a computer operator typist during the period from January 31, 2006, to January 31, 2007, sustained industrial injury to the right knee, hips, and psyche, causing temporary disability from February 1, 2007, to May 13, 2008, and need for medical treatment. The WCJ found that defendant failed to give applicant required notice of its medical provider network (MPN); that applicant saw Dr. Christopher Fleming at defendant’s request for consultation on the issue of injury AOE/COE and not as a treating physician, and that his reports are inadmissible: and that applicant’s designated primary treating physician is Dr. Khalid Ahmed. The issues of permanent disability and apportionment were bifurcated. Defendant contends the WCJ erred in finding that defendant failed to comply with Administrative Director (AD) Rule 9767.12(a) (Cal. Code Regs., tit. 8. § 9767.12(a)), when the issue had not been raised, and that defendant did give timely and proper notice under AD Rule 9767.12(a). , We have considered the Petition for Reconsideration and applicant’s Response, and we have reviewed the record in this matter. The WCJ prepared a Report of Workers’ Compensation Judge on Petition for Reconsider
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