Davlyn Investments Inc.; Zenith San Diego Wilfred Guerrero WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILFRED GUERRERO, Applicant,vs.DAVLYN INVESTMENTS INC.; ZENITH SAN DIEGO,Defendant(s).Case No. ADJ6885827OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION ANDDENYING PETITION FOR REMOVAL Defendant seeks “reconsideration/removal” of the November 30, 2009 Order, wherein the workers’ compensation administrative law judge (WCJ) ordered the matter of applicant’s claim off-calendar at an expedited hearing requested by defendant. At the expedited hearing, defendant sought to compel applicant to medically treat exclusively within a medical provider network (MPN) despite applicant’s willingness to self-procure the non-MPN treatment. Defendant contends that the WCJ erred by failing to order applicant to cease treatment outside of the MPN and return to treatment within the MPN arguing that the employer has an exclusive “MPN control of medical treatment” (Petition page 4 line 7). We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the WCJ with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, we will dismiss defendant’s petition for reconsideration and deny removal. At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) The WCJ’s Order, taking the matter off-calendar and denying defendant’s request to prevent applicant from self-procuring medical treatment, does not constitute a final order within the meaning of Section 5900. An order which does not dispose of the substantive rights and liabilities of those involved in a case, is not a final order. (2 California , Workers’ Compensation Practice, Cal. CEB 4th Ed., 2007, sections 21.8 – 21.9, pp. 1605-1607.)
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