Manuel Barajas vs. F&h Cold Storage;applied Risk Omaha

In this case, Manuel Barajas was injured while employed as a forklift driver and was referred to Dr. Marcus E. Vaughan, D.C. for treatment. The defendant, F&H Cold Storage, had a medical provider network (MPN) and notified Dr. Vaughan that he was not an authorized provider within the MPN. The parties stipulated that the injury was industrial and the regular issues were resolved by a Compromise and Release agreement. The agreement provided that the defendant would pay, adjust or litigate all liens filed on or before the date of the Order Approving Compromise. The WCAB had jurisdiction to determine the validity of the lien and the Order Approving Compromise and Release

F&H cold storage;Applied risk omaha Manuel Barajas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMANUEL BARAJAS,Applicant,vs.F&H COLD STORAGE;APPLIED RISK OMVIAHA,Defendant(s).Case No. ADJ6559495OPINION AND ORDERDENYING PETITION FORRECONSIDERATION            Defendant seeks reconsideration of the June 15, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) allowed in full the hen of Dr. Marcus E. Vaughan. D.C..            Defendant contends the WCJ erred in allowing the lien, arguing that defendant properly established and gave notice of its medical provider network (MPN) and had no further obligation to “limit its liability,” as suggest«! by the WCJ, and that the WCJ improperly relied on Labor Code section 4903.1(a) as a basis for allowing the lien            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter We have not received an Answer. The WCJ preparai a Report and Recommendation (Report), recommending that the petition be denied.            For the reasons discussed below, we will deny defendant’s petition for reconsideration.            The parties stipulated at the March 15, 2010 hearing that applicant, while employed on September 15. 2008. as a forklift driver, sustained industrial injury to his right shoulder, that the regular issues have been resolved by the May 13, 2009 Order Approving Compromise and Release, and that Dr. Vauglui is not in defendant’s MPN. ,             The WCJ summarized the factual background, as follows, at page 1 of his Opinion on Decision:  “The injured worker was referred to Dr. M. Vaughn, D.C., on January 7, 2009 by his attorney. Dr. Vaughn filed a Doctor’s First Repon on January 8, 2009 (Exhibit 2) along with an Employee Notice of Change of Physician (Exhibit 3).  On February 6, 2009, defendant notified Dr. Vaughn by letter (Exhibit 4) that he was not an authorized provider within defendant’s MPN.  On February 26, 2009, Dr. Vaughn’s

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