News and Insights

Otto Bautista, vs. Preferred Window Products, Inc.; Berkshire Hathaway,

Preferred Window Products, Inc.; Berkshire Hathaway, Otto Bautista, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOTTO BAUTISTA,Applicant,vs.PREFERRED WINDOW PRODUCTS, INC.; BERKSHIRE HATHAWAY,Defendants.Case No. ADJ10517902(Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant Otto Bautista seeks reconsideration of the Opinion and Order Granting Petition for Reconsideration and Decision after Reconsideration (Opinion) issued by the Appeals Board on March 3, 2017, wherein we affirmed the Finding of Fact issued by the workers’ compensation administrative law judge (WCJ) on November 7, 2016, except that we amended the finding to state: “The Applicant must treat within the Medical Provider network of the employer as to the admitted injury to the lumbosacral spine.”            Applicant contends that we erred because he retains the right to self-procure medical care outside the defendant’s medical provider network (“MPN”). Applicant further argues that the WCJ erred in concluding he had not shown good cause to compel defendant to provide treatment outside the MPN.            We received an “Objection to Petition for Reconsideration” from defendant, which we will consider as an Answer. The Answer argues that applicant waived his right to seek reconsideration by failing to seek reconsideration of the WCJ’ s original Finding of Fact, and that the petition should therefore be dismissed as untimely.            Based on our review of the record, the Petition, and the Answer, as discussed in our Opinion, which we adopt and incorporate, and as discussed below, we will grant reconsideration, rescind our prior order, and substitute a new order that clarifies that defendant is not required to provide treatment outside the MPN. We otherwise affirm our decision. ,             Labor Code section 5900 grants the right to seek reconsideration to “any person aggrieved directly or indirectly.


Join our community and never miss an update. Stay connected with cutting-edge insights and valuable resources.

Recent Article

Recent Article

Leave a Comment

Your email address will not be published. Required fields are marked *