Sharon Babbitt vs. Ow Jing Dba National Market; And Golden Eagle Insurance Company

Ow Jing Dba National Market; And Golden Eagle Insurance Company Sharon Babbitt WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARON BABBITT, Applicant,Vs.OW JING dba NATIONAL MARKET; and GOLDEN EAGLE INSURANCE COMPANY, Defendant(s).    Case No. STK 0174793OPINION AND DECISION vs. AFTER RECONSIDERATION (EN BANC)INTRODUCTION            Applicant petitioned for reconsideration of the October 18, 2006 Finding and Order wherein the workers’ compensation administrative law judge (WCJ) found that “Defendant may require Applicant to obtain medical treatment within its Medical Provider Network” and ordered “that Applicant obtain medical treatment from physicians within Defendant’s Medical Provider Network.” Earlier, on April 8, 2003, applicant had obtained a stipulated award of further medical treatment for her admitted July 1, 1999 industrial injury. Applicant contends that she cannot be transferred into a medical provider network (MPN) because her date of injury and award predate the January 1, 2005 effective date of the MPN statutes enacted by the Legislature as part of Senate Bill 899 (SB 899) in April 2004. (Stats. 2004, ch. 34; Lab. Code, §§ 4600(c) and 4616 through 4616.7.) We granted reconsideration to study the legal issue presented. Because of its importance, and in order to secure uniformity of decision in the future, the Chairman of the Appeals Board, upon a majority vote of its members, assigned this case to the Appeals Board as a whole for an en banc decision. (Lab. Code, § 115.)1 1 En banc decisions of the Appeals Board are binding precedent on all Appeals Board panels and WCJs. (Cal. Code Regs., tit. 8, § 10341; City of Long Beach v. Workers’ Comp. Appeals Bd. (Garcia) (2005) 126 Cal.App.4th 298, 313, fn. 5 [70 Cal.Comp.Cases 109]; Gee v. Workers’ Comp. Appeals Bd. (2002) 96 Cal.App.4th 1418, 1425, fn. 6 [67 Cal.Comp.Cases 236]; see also Govt. Code, § 11425.60(b).) , We hold that a defendant may satisfy its obligation under Labor Code section 4600 to

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