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Martin Marquez vs. Marin General Hospital And California Insurance Guarantee Association, On Behalf Of Hih America Compensation And Liability Insurance Company, Adjusted By Intercare Holdings Insurance Services

Marin General Hospital and California Insurance Guarantee Association, on behalf of HIH America Compensation And Liability Insurance Company, adjusted by Intercare Holdings Insurance Services Martin Marquez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTIN MARQUEZ, Applicant,vs.MARIN GENERAL HOSPITAL and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of HIH AMERICA COMPENSATION AND LIABILITY INSURANCE COMPANY, adjusted by INTERCARE HOLDINGS INSURANCE SERVICES, Defendants.Case No. ADJ440516ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (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 deny reconsideration.            From the record in this matter Dr. Moskowitz is applicant’s primary treating physician and there is no evidence that any of the physicians named by defendant is within 30 minutes or 15 miles of applicant’s residence. (Cal. Code Regs., tit. 8, § 9767.5(b).)            Finally, with regard to removal, the alternative relief sought by defendant, as noted by the WCJ in her report, reconsideration is the appropriate remedy for the final decision at issue here. ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________FRANK M. BRASSI CONCUR,_______________________________________RICK DIETRICH_______________________________________JOSEPH M. MILLERDATED AND FILED AT SAN FRANCISCO, CALIFORNIA            SEP 23 2011SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.LAUGHLIN FALBOLEON REICHMARTIN MARQUEZjrr ADJ440516


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