UNITED PARCEL SERVICE; LIBERTY MUTUAL INSURANCE COMPANY, PATRICK JAMES DOHERTY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICK JAMES DOHERTY, Applicant,vs.UNITED PARCEL SERVICE; LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s).Case No. ADJ4424138 (SFO 0488945)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the July 9, 2009 Findings, Award, and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a “feeder/driver/trailer” on Mav 5, 2003 and during the period ending May 5, 2003 sustained industrial injury to his bilateral knees. The WCJ further found that all the notices sent by defendant complied with the statues and regulations governing Medical Provider Network (MPN), that there was no report from Richard Nolan, M.D., applicant’s treating physician, establishing an exception under Labor Code’ section 4616.2(3), that applicant is required to transfer the future medical care and treatment of his bilateral knees to defendant’s MPN, and that applicant’s attorney’s request for attorney fees pursuant to section 4607 is moot. Applicant contends that the WCJ’s decision is not based on substantial evidence. Applicant argues that the WCJ should have found that defendant’s notices were not proper. that applicant is not required to transfer his medical treatment to another doctor in defendant’s MPN, and that applicant’s attorney’s claim for attorney fees under Labor Code section 4607 was proper. 1All further statutory references are to the Labor Code, unless otherwise noted. , Defendant filed an answer and the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based upon our review of the record, and for the reasons stated by the WCJ in his Report, which we adopt and incorporate, as well as
Patrick James Doherty, vs. United Parcel Service; Liberty Mutual Insurance Company,
In this case, Patrick James Doherty, an employee of United Parcel Service, sought reconsideration of a July 9, 2009 Findings, Award, and Order issued by the workers' compensation administrative law judge (WCJ). The WCJ found that Doherty sustained industrial injury to his bilateral knees while employed as a "feeder/driver/trailer" on May 5, 2003. The WCJ also found that all the notices sent by the defendant, Liberty Mutual Insurance Company, complied with the statues and regulations governing Medical Provider Network (MPN). The Workers' Compensation Appeals Board denied Doherty's petition for reconsideration, finding that he had not presented evidence to support his contentions that the notices were not proper and that he
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4424138
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