Expedia Media, Llc; Zenith Insurance Company Girasol Garcia WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGIRASOL GARCIA, Applicant,vs.EXPEDIA MEDIA, LLC; ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ6613592OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of a Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on May 13, 2010. In her decision, the WCJ found that, while employed as a machine operator on April 20, 2008. applicant sustained admitted industrial injury to her left elbow. Most relevant to the instant petition for reconsideration, the WCJ found that defendant “complied with the Medical Provider Network (MPN) employee notification requirements, as set forth in Title 8 California Code of Regulations Section 9767.12, and its multiple subsections….” Applicant contends that the WCJ erred in finding that defendant “complied with the Medical Provider Network (MPN) employee notification requirements, as set forth in Title 8 California Code of Regulations Section 9767.12, and its multiple subsections….” We have received an answer, and the WCJ has filed a Report and Recommendation on Petition forReconsideration (Repon). In the Report, the WCJ wrote: “Having carefully re-reviewed the documentary and testimonial evidence submitted by the parties at trial proceedings, the Trial Court believes that the employer can presently establish that the applicant was provided with the requisite MPN notifications and/or about December 9. 2008, March 24, 2009, and July 14, 2009.However, the Trial Court is not presently certain whether the employer’s MPN notifications to the applicant were sent to her at , the lime of her April 20. 2008 industrial injury, which is mandated under Title 8, California Code of Regulations Section 9767.12(a).Therefore, the Trial Court believes that it is appropriate to grant reconsideration, and return this ma
Girasol Garcia vs. Expedia Media, Llc; Zenith Insurance Company
In this case, Girasol Garcia, an employee of Expedia Media, LLC, sought reconsideration of a Findings and Order issued by a workers' compensation administrative law judge (WCJ) on May 13, 2010. The WCJ found that the employer had complied with the Medical Provider Network (MPN) employee notification requirements. The Workers' Compensation Appeals Board granted reconsideration, rescinded the Findings and Order of May 13, 2010, and returned the matter to the trial level for further proceedings and decision. The Board also reframed the issue to be decided in terms of the relief sought by the parties, and instructed the WCJ to decide the consequences of the failure to give the proper notice pursuant to the relevant statutes
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6613592
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