Jackson Creek Dental Group, and Zenith Insurance Company Monica Garretson Miller WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMONICA GARRETSON MILLER, Applicant,vs.JACKSON CREEK DENTAL GROUP, andZENITH INSURANCE COMPANY, Defendants.Case No. ADJ2896668 (OAK 0224622)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated October 10, 2012, wherein the workers’ compensation administrative law judge (WCJ) ordered this case continued to an expedited hearing on November 14, 2012, on the following issues: “1. All treatment denials, including but not limited to: oxycontin/oxycodone, lumbar support, orthotics, pain management consult. 2. Attorney’s fees for enforcement of medical award. 3. Inadequacy of MPN [medical provider network]/denial of treatment.” In addition, defendant was ordered to file a copy of the current MPN in pain management within 10 days, and claims examiner Susan Eddy was ordered to appear at the next hearing (Minutes of Hearing, page 2). At the hearing on November 14, 2012, the case was taken off calendar pending disposition of the petition for removal. Defendant contends that the only issue on which the expedited hearing should be held is denial of oxycontin/oxycodone; that additional issues were not raised in applicant’s Declaration of Readiness to Proceed to Expedited Hearing (DOR); that issues relating to defendant’s MPN and attorney’s fees are not subject to expedited hearing; and that the claims examiner should not have been ordered to appear. We have not received an answer from applicant. Apparently, applicant, while employed as a patient coordinator on December 23, 1991, sustained an industrial injury to her upper extremities, right lower extremity, psyche and headaches. On May 22, , 2000, she received an award of further medical treatment.1 On September 11, 2012, applicant filed a DOR on t
Monica Garretson Miller vs. Jackson Creek Dental Group, And Zenith Insurance Company
In this case, Monica Garretson Miller, the applicant, filed a Declaration of Readiness to Proceed to Expedited Hearing against Jackson Creek Dental Group and Zenith Insurance Company, claiming that they had failed to approve oxycontin/oxycodone for her medical treatment. The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, returning the case to the trial level to be set for trial on all issues raised on October 10, 2012. The parties were ordered to serve exhibits no later than ten days prior to trial and to provide paper copies to the trial judge, and the claims examiner was ordered to appear at the trial and to be prepared to testify.
- Filed On:
- Court: California, Oakland
- Case No. ADJ2896668
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