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Treatment at Different Location Not Considered Treatment Outside MPN: Cal. Comp. Cases November Advanced Postings (11/3/2015)

November 03, 2015 (1 min read)

Here’s the latest batch of advanced postings for the November 2015 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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The Boeing Company, Ace American Insurance Company, administered by Sedgwick Claims Management Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Griffin Medical Group, Dennis Pasquel, Respondents,, Lexis Advance

Medical Provider Networks—Privity of Contract—Location of Provider’s Office—WCAB, in split panel decision, affirmed its prior decision, Pasquel v. Boeing Co., 2015 Cal. Wrk. Comp. P.D. LEXIS 55 (Appeals Board noteworthy panel decision), awarding payment to Griffin Medical Group for medical treatment provided by Bret Powers, D.O., as physician participating in employer’s MPN, when WCAB panel majority rejected defendant’s contention that inclusion of Dr. Powers as participating provider at U.S. Healthworks precluded applicant from selecting him as his treating physician to provide medical treatment at different medical office, and found that…

Subsequent Injuries Benefits Trust Fund/Christine Baker, Director, Department of Industrial Relations/State of California and Administrator of Subsequent Injuries Benefits Trust Fund, Petitioner v. Workers' Compensation Appeals Board, California Department of Corrections, Dusty Glenn Garman, Respondents,, Lexis Advance

Subsequent Injuries Benefits Trust Fund—Threshold Requirements—WCAB, reversing WCJ, held that applicant correctional officer who suffered presumed industrial heart attack for which he received stipulated award of 100 percent permanent total disability, with 50 percent apportionment to preexisting heart condition, based on reporting of agreed medical evaluator, was entitled to Subsequent Injuries Benefits Trust Fund benefits pursuant to Labor Code § 4751, when WCAB found that...

Elvis Gonzalez, Petitioner v. Workers' Compensation Appeals Board, Davey Tree Surgery Company, Old Republic Insurance Company, administered by ESIS Claims, Respondents,, Lexis Advance

Petitions to Reopen Award—New and Further Disability—Evidence Supporting Original Permanent Disability Award—WCAB held that applicant did not show good cause to reopen record for claim of new and further disability, when WCAB found that…