Physicians Near Workplace, Not Residence, as Controlling Factor for MPN Access: Cal. Comp. Cases February Advanced Postings (2/12/2013)

Here’s the third batch of advanced postings for the February 2013 issue of Cal. Comp. Cases.

Lexis.com subscribers can link to the cases to read the complete headnotes and summaries.

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Miguel Robles, Petitioner v. Workers' Compensation Appeals Board, Evolution Fresh, Inc., Majestic Insurance and Technology Insurance, administered by Amtrust North America, Respondents, 2013 Cal. Wrk. Comp. LEXIS 10

Medical Provider Networks—Access Standards—WCAB affirmed WCJ's finding that, although defendant's medical provider network did not provide minimum of three physicians within 15 miles or 30 minutes of applicant/truck driver’s residence, defendant’s medical provider network was in compliance with access standards in 8 Cal. Code Reg. §§ 9767.5(a) and (b) because it had at least three orthopedic surgeons to treat applicant's industrial back injury located within 15 miles of applicant’s workplace and, while WCAB acknowledged conflict between…

Martin Trapero, Petitioner v. Workers' Compensation Appeals Board, North American Pneumatics, State Compensation Insurance Fund, Respondents, 2013 Cal. Wrk. Comp. LEXIS 14

Medical-Legal Procedure—Prohibited Communications With Agreed Medical Evaluator—WCAB, granting removal on its own motion and rescinding WCJ’s finding, held that applicant’s attorney violated Labor Code § 4062.3 when attorney handed recently-procured vocational evaluation report to defense counsel a few minutes prior to agreed medical evaluator’s deposition and presented report to agreed medical evaluator during deposition, when WCAB found that…

Steve Adams, Petitioner v. Workers' Compensation Appeals Board, State of California, California Youth Authority, State Compensation Insurance Fund, adjusting agent, Respondents, 2013 Cal. Wrk. Comp. LEXIS 6

Petitions to Reopen—Change of Law—Mistake of Fact—WCAB, affirming WCJ’s finding, held that applicant/correctional youth counselor with cumulative injuries to his circulatory system, respiratory system, and psyche did not show good cause to reopen prior stipulated award pursuant to Labor Code § 5803 to set aside stipulation of five percent apportionment of permanent disability to non-industrial causes based on change of law due to enactment of Labor Code § 4663(e), when WCAB found that…

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