CONTINENTAL CASUALTY; CNA INSURANCE KAREN ESCOBAR WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN ESCOBAR, Applicant,vs.CONTINENTAL CASUALTY; CNA INSURANCE, Defendants,Case No. LAO 850708OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the April 27, 2007 Findings and Award of the workers’ compensation administrative law judge (WCJ) wherein it was found that defendant unreasonably delayed medical treatment 12 times and that defendant should be sanctioned. Applicant, who is representing herself in this matter, was awarded $51,252.94 in penalties for the unreasonable delays in providing medical treatment, but no order for payment of sanctions was issued. The WCJ also found that applicant was not required to participate in defendant’s Medicai Provider Network (MPN). Applicant’s claim was earlier settled by stipulated award on June 23, 2000, wherein it was agreed that during the cumulative trauma period to September 23, 1998, she incurred industrial injury to her right upper extremity while working for Continental Casualty as a senior claims representative, causing 3% permanent disability and a need for future medical treatment. Defendant contends 1) that the evidence does not support the finding of multiple penalties, 2) that the WCJ erred in calculating the total amount of penalties awarded, 3) that applicant should be required to transfer to defendant’s MPN, and 4) that it did not act in bad faith and there is no basis for sanctions. We have carefully reviewed the record and considered the allegations of defendant’s petition for reconsideration and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report) with respect thereto. For the reasons stated by the WCJ in his Report, , and for the reasons stated below, we will affirni the April 27, 2007 Findings and Award, except that the amount of the penalties will be reduced to $10,000 and the issu
Karen Escobar vs. Continental Casualty; Cna Insurance
This case is about Karen Escobar, a former employee of Continental Casualty, who was awarded $51,252.94 in penalties for the unreasonable delays in providing medical treatment for her 1998 industrial injury. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and reduced the amount of the penalties to $10,000, while deferring the issue of sanctions. The Board found that the defendant had unreasonably delayed medical treatment multiple times and had misused the utilization review process to obtain an opinion regarding causation.
- Filed On:
- Court: California, San Francisco
- Case No. POM0248864
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