What the panel ordered
The WCAB granted defendant's Petition for Reconsideration, rescinded the WCJ's Findings and Order of April 9, 2024, and returned the matter to the trial level for further proceedings and decision by the WCJ.
Defendant filed a Petition for Removal challenging the WCJ's Findings and Order issued April 9, 2024, which found applicant entitled to treat outside defendant's MPN at employer expense. The WCAB treated the Petition for Removal as a Petition for Reconsideration, granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The record did not sufficiently establish that defendant neglected or refused medical treatment to applicant's non-admitted body parts, requiring further proceedings to determine if treatment outside the MPN is justified.
From the decision · page 1Defendant seeks removal in response to the Findings and Order (F&O) issued April 9, 2024, wherein the workers' compensation administrative law judge (WCJ) found that applicant, while employed as an electrician/plumber on August 9, 2022, sustained industrial injury to his right elbow, neck, right shoulder, right wrist, right hand and fingers. The WCJ found that defendant denied medical care to the applicant, allowing applicant to treat outside defendant's Medical Provider Network (MPN) at employer expense.