In Garrido v. San Francisco Marriott, a California WCAB panel denied defendant's request for removal from the WCJ's Order allowing applicant with 3/16/2007 injuries to left shoulder, neck, back and left leg to undergo a panel qualified medical evaluation with a chiropractor outside of the defendant's medical provider network (MPN) after applicant objected to the findings of the treating physician within the MPN, and held that applicant was not required to exhaust all remedies set forth in the MPN statutes (Labor Code § 4616 et seq.) before requesting a panel qualified medical evaluation pursuant to Labor Code § 4062.2, and that applicant was entitled to choose a chiropractor as a qualified medical evaluator, rather than a medical doctor.
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