Maria Garcia vs. Sodexho Inc. Insurance Company Of The Stat

This case is about Maria Garcia, a housekeeper who sustained an industrial injury to her left knee and lumbar spine on December 18, 2008 while employed by Sodexho Inc. The Workers' Compensation Appeals Board granted reconsideration of the Findings & Award & Order issued by a workers' compensation judge on April 30, 2010, wherein the WCJ found that applicant was obligated to participate in the employer's Medical Provider Network since its inception. The Board rescinded the April 30, 2010 Findings & Award & Order and returned the matter to the trial level for further proceedings and a new decision by the WCJ to determine if the employer complied with the requisite notices and if any failure to provide proper notice resulted in a neglect or refusal to provide reasonable

Sodexho Inc. Insurance Company of the stat Maria Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA MARIA GARCIA, Applicant,vs. SODEXHO INC.; INSURANCE COMPANY THE STATE OF PENNSYLVANIA,Administered By GALLAGHER BASSETTSERVICES, INC.,Defendant.Case No. ADJ6697087OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings & Award & Order issued by a workers’compensation judge (WCJ) on April 30, 2010, wherein the WCJ found that applicant, whileemployed as a housekeeper on December 18, 2008, sustained industrial injury to her left knee andlumbar spine. The WCJ also found that applicant is and has been obligated to participate in theemployer’s medical provider network (MPN) since its inception.’ Applicant contends that the WCJ erred in finding that she is obligated to participate in theemployer’s MPN, arguing that defendant failed to meet its burden of proof that MPN notices weresent to her prior to her December 18, 2008 date of injury, and that she was never provided withnotices after her injury. Applicant also contends in essence that defendant is liable for her self-procured medical treatment, arguing that its failure to comply with the requisite notices constitutesa neglect or failure to provide reasonable medical treatment. We have considered the petition for reconsideration and we have reviewed the record inthis matter. Defendant filed an answer. The WCJ has filed a Report of Workers’ Compensation 1The April 30, 2010 Order states that the inception of the employer’s MPN was December 7, 2009. This date appears11 to be a typographical error, and the correct date should be December 7, 2007, as referenced in the Opinion on Decisionand supported by the evidence at trial. ,  Administrative Law Judge on Petition for Reconsideration (Report), recommending that the petition be granted and returned to the trial level for further development concerning whether or not the employer complied with Adm

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