CASE LAW SELF-PROCURED MEDICAL TREATMENT
AND MPNs (Medical Provider Networks)
• Bruce Knight, United Parcel Service; and Liberty Mutual Insurance Company October 10, 2006 71 Cal.
Comp. Cases 1423
“The Board held that an employer or insurer's failure to provide required notice to an employee of rights
under the MPN (medical provider network) that results in a neglect or refusal to provide reasonable medical
treatment renders the employer or insurer liable for reasonable medical treatment self-procured by the
employee.”
• Jennifer Balkowitsch, Applicant v. Home Depot, PSI, adjusted by Sedgwick Claims Management
Services, Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 567, Opinion Filed August 11, 2008
“We agree with applicant's contentions that the record demonstrates that defendant neglected or refused to
provide reasonable medical treatment through its MPN. Applicant testified without contradiction that five of
the MPN physicians she contacted from the list sent to her by defendant refused to accept her as a patient,
and defendant offered no evidence to show that there were a sufficient number of other physicians willing to
accept applicant as a patient who were made available to her within the applicable MPN access standards.
The court further stated:
“However, a failure to comply with applicable statutes and regulations that results in a neglect or refusal to
provide reasonable medical treatment renders the employer or insurer liable for medical treatment self-
procured by the injured worker. (Knight v. United Parcel Service (2006) 71 Cal.Comp.Cases 1423 (Appeals
Board en banc) (Knight).)”
• Joaquin Valencia, Applicant v. Taylor Fresh Foods, Zurich North America, Defendants, 2008 Cal. Wrk.
Comp. P.D. LEXIS 596, Opinion Filed August 6, 2008
Applicant then commenced treatment with Dr. Davis. The only objection made by defendant when applicant
commenced treatment with Dr. Davis was that he was not a member of defendant's Medical Provider Network
(MPN hereinafter). Defendant did not raise the issue of applicant's prior discharge from treatment by Salinas
Urgent Care until the Mandatory Settlement Conference. When the matter proceeded to trial, defendant did
not introduce any notice letters regarding the MPN process. Applicant testified in unrebutted, uncontradicted
fashion that he did not receive any notices about MPN physicians or about transfer of care or continuity of
care. Applicant received no information about how to object to any opinion by the company doctor or MPN
physician.
• Carlos S. Gonzales, Applicant v. Gilberto Portillo Painting, State Compensation Insurance Fund,
Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 463, Opinion Filed July 2, 2008 WCAB held that applicant with
6/25/2005 left hip, back, upper and lower extremity, neck, left eye, and psyche injuries and injuries in the
form of headaches and sleep disorder, was entitled to treat outside defendant's medical provider network
(MPN) and that WCJ properly relied on treating physician's report to award benefits, when defendant did not
comply with Labor Code § 3550 as it failed to provide applicant with adequate notice of MPN physicians, and
did not request an expedited hearing to compel applicant to treat within MPN; WCAB found that, since
defendant did not object to treating physician's report at trial, defendant waived issue of admissibility.
• Courtney Penebaker, Applicant v. CIGNA Healthcare, CIGNA Property & Casualty Company/ACE USA,
Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 475, Opinion Filed June 20, 2008
“ The was no evidence presented to show that the single medical facility was able to treat patients with MRSA
or prone to skin infections; nor any indication of what facilities would be available to respond to any MRSA
flare-up in response to either surgical procedure being recommended for Applicant, nor that any physician at
the facility has the skill necessary to treat Applicant's special medical conditions.
Despite the Defendant insisting that Applicant treat within their MPN starting in January 2007, no questions
were asked of the AME, by letter or at the deposition on October 23, 2007, about the appropriateness of
treatment at the MPN facility.
Defendant has not met their burden of showing that they have offered appropriate medical treatment within
their MPN.
The Defendants' Petition also contends that the wrong specialty was assigned to the panel QME. The
applicant's attorney requested a specialty in chiropractic medicine and Defendants contend that a medical
doctor should be the panel QME. The Defendants cite ACOEM Guidelines in support of their argument.”
• Jose Garrido, Applicant v. San Francisco Marriott, PSI, administered by Marriott Claims Services,
Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 332, Opinion Filed April 30, 2008
Medical-Legal Procedure--Panel Qualified Medical Evaluations--Medical Provider Networks--WCAB denied
defendant's request for removal from 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
defendant's medical provider network (MPN) after objecting to findings of treating physician within MPN, and
held that applicant was not required to exhaust all remedies set forth in 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.
The current version of Labor Code Section 4062.2 does not state anything with respect to disputes between
the parties regarding the medical specialty to be assigned by the administrative director. It is clear that the
party submitting the request shall designate the specialty of the medical evaluator and the specialty of the
medical evaluator requested by the other party, if it has been made known to the party submitting the
request.
In this case, the evidence showed that the applicant's attorney requested a specialty in chiropractic
medicine. Defendants sent written objections after the panel QME in chiropractic medicine was sent by the
administrative director contending that a medical doctor in orthopedic medicine should be the panel QME.
After considering the arguments, I decided that in light of the absence of any language in Labor Code
Section 4062.2, I have no statutory authority to allow me to change the medical specialty designation of the
panel QME from the request made by applicant and his attorney. Therefore, the panel QME is Dr.
Greensides, a chiropractor. If Dr. Greensides feels that there are issues outside his expertise, he does have
the right to select consultants in those specialties to examine the applicant and issue reports that he could
review and incorporate into his own reports.
• Walter Roque, Applicant v. Louise's Trattoria, Liberty Mutual Insurance Company, Defendants, 2008
Cal. Wrk. Comp. P.D. LEXIS 349, Opinion Filed April 21, 2008
Here, we conclude that defendant failed to meet its burden of proving, pursuant to section 3202.5, that it
provided applicant with the required notices to transfer his medical treatment into its MPN. Defendant's sent
its initial MPN notice to applicant in March 2005. However, that notice was only in English and not in Spanish.
It appears that defendant did not correct this notice deficiency until December 2006, more than a year and
half later, when it sent applicant a MPN transfer notice in Spanish. Furthermore, in January 2007, defendant
sent applicant a notice that it was transferring his medical treatment to Dr. Rahimi. However, that notice was
not sent to applicant in Spanish, only in English, and defendant did not prove that it sent a copy to
applicant's treating physician, Dr. Konstat, as required pursuant to Administrative Director's Rule 9767.9,
subd. (f). (Cal. Code Regs. tit. 8, § 9767.9, subd. (f).)
• Mitzi L. Thomas, Applicant v. Bakers Burgers, Inc., State Compensation Insurance Fund, Defendants,
2008 Cal. Wrk. Comp. P.D. LEXIS 351, Opinion Filed April 21, 2008 Medical Provider Networks-Medical
Treatment-WCAB held that applicant with 1/7/2006 right knee injury was entitled to seek medical treatment
outside defendant's medical provider network (MPN) and that defendant was liable for self-procured medical
expenses, when defendant did not provide timely authorization or provision of an MRI of applicant's right
knee, and provided inadequate medical treatment within MPN.
END ###
AND MPNs (Medical Provider Networks)
• Bruce Knight, United Parcel Service; and Liberty Mutual Insurance Company October 10, 2006 71 Cal.
Comp. Cases 1423
“The Board held that an employer or insurer's failure to provide required notice to an employee of rights
under the MPN (medical provider network) that results in a neglect or refusal to provide reasonable medical
treatment renders the employer or insurer liable for reasonable medical treatment self-procured by the
employee.”
• Jennifer Balkowitsch, Applicant v. Home Depot, PSI, adjusted by Sedgwick Claims Management
Services, Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 567, Opinion Filed August 11, 2008
“We agree with applicant's contentions that the record demonstrates that defendant neglected or refused to
provide reasonable medical treatment through its MPN. Applicant testified without contradiction that five of
the MPN physicians she contacted from the list sent to her by defendant refused to accept her as a patient,
and defendant offered no evidence to show that there were a sufficient number of other physicians willing to
accept applicant as a patient who were made available to her within the applicable MPN access standards.
The court further stated:
“However, a failure to comply with applicable statutes and regulations that results in a neglect or refusal to
provide reasonable medical treatment renders the employer or insurer liable for medical treatment self-
procured by the injured worker. (Knight v. United Parcel Service (2006) 71 Cal.Comp.Cases 1423 (Appeals
Board en banc) (Knight).)”
• Joaquin Valencia, Applicant v. Taylor Fresh Foods, Zurich North America, Defendants, 2008 Cal. Wrk.
Comp. P.D. LEXIS 596, Opinion Filed August 6, 2008
Applicant then commenced treatment with Dr. Davis. The only objection made by defendant when applicant
commenced treatment with Dr. Davis was that he was not a member of defendant's Medical Provider Network
(MPN hereinafter). Defendant did not raise the issue of applicant's prior discharge from treatment by Salinas
Urgent Care until the Mandatory Settlement Conference. When the matter proceeded to trial, defendant did
not introduce any notice letters regarding the MPN process. Applicant testified in unrebutted, uncontradicted
fashion that he did not receive any notices about MPN physicians or about transfer of care or continuity of
care. Applicant received no information about how to object to any opinion by the company doctor or MPN
physician.
• Carlos S. Gonzales, Applicant v. Gilberto Portillo Painting, State Compensation Insurance Fund,
Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 463, Opinion Filed July 2, 2008 WCAB held that applicant with
6/25/2005 left hip, back, upper and lower extremity, neck, left eye, and psyche injuries and injuries in the
form of headaches and sleep disorder, was entitled to treat outside defendant's medical provider network
(MPN) and that WCJ properly relied on treating physician's report to award benefits, when defendant did not
comply with Labor Code § 3550 as it failed to provide applicant with adequate notice of MPN physicians, and
did not request an expedited hearing to compel applicant to treat within MPN; WCAB found that, since
defendant did not object to treating physician's report at trial, defendant waived issue of admissibility.
• Courtney Penebaker, Applicant v. CIGNA Healthcare, CIGNA Property & Casualty Company/ACE USA,
Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 475, Opinion Filed June 20, 2008
“ The was no evidence presented to show that the single medical facility was able to treat patients with MRSA
or prone to skin infections; nor any indication of what facilities would be available to respond to any MRSA
flare-up in response to either surgical procedure being recommended for Applicant, nor that any physician at
the facility has the skill necessary to treat Applicant's special medical conditions.
Despite the Defendant insisting that Applicant treat within their MPN starting in January 2007, no questions
were asked of the AME, by letter or at the deposition on October 23, 2007, about the appropriateness of
treatment at the MPN facility.
Defendant has not met their burden of showing that they have offered appropriate medical treatment within
their MPN.
The Defendants' Petition also contends that the wrong specialty was assigned to the panel QME. The
applicant's attorney requested a specialty in chiropractic medicine and Defendants contend that a medical
doctor should be the panel QME. The Defendants cite ACOEM Guidelines in support of their argument.”
• Jose Garrido, Applicant v. San Francisco Marriott, PSI, administered by Marriott Claims Services,
Defendants, 2008 Cal. Wrk. Comp. P.D. LEXIS 332, Opinion Filed April 30, 2008
Medical-Legal Procedure--Panel Qualified Medical Evaluations--Medical Provider Networks--WCAB denied
defendant's request for removal from 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
defendant's medical provider network (MPN) after objecting to findings of treating physician within MPN, and
held that applicant was not required to exhaust all remedies set forth in 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.
The current version of Labor Code Section 4062.2 does not state anything with respect to disputes between
the parties regarding the medical specialty to be assigned by the administrative director. It is clear that the
party submitting the request shall designate the specialty of the medical evaluator and the specialty of the
medical evaluator requested by the other party, if it has been made known to the party submitting the
request.
In this case, the evidence showed that the applicant's attorney requested a specialty in chiropractic
medicine. Defendants sent written objections after the panel QME in chiropractic medicine was sent by the
administrative director contending that a medical doctor in orthopedic medicine should be the panel QME.
After considering the arguments, I decided that in light of the absence of any language in Labor Code
Section 4062.2, I have no statutory authority to allow me to change the medical specialty designation of the
panel QME from the request made by applicant and his attorney. Therefore, the panel QME is Dr.
Greensides, a chiropractor. If Dr. Greensides feels that there are issues outside his expertise, he does have
the right to select consultants in those specialties to examine the applicant and issue reports that he could
review and incorporate into his own reports.
• Walter Roque, Applicant v. Louise's Trattoria, Liberty Mutual Insurance Company, Defendants, 2008
Cal. Wrk. Comp. P.D. LEXIS 349, Opinion Filed April 21, 2008
Here, we conclude that defendant failed to meet its burden of proving, pursuant to section 3202.5, that it
provided applicant with the required notices to transfer his medical treatment into its MPN. Defendant's sent
its initial MPN notice to applicant in March 2005. However, that notice was only in English and not in Spanish.
It appears that defendant did not correct this notice deficiency until December 2006, more than a year and
half later, when it sent applicant a MPN transfer notice in Spanish. Furthermore, in January 2007, defendant
sent applicant a notice that it was transferring his medical treatment to Dr. Rahimi. However, that notice was
not sent to applicant in Spanish, only in English, and defendant did not prove that it sent a copy to
applicant's treating physician, Dr. Konstat, as required pursuant to Administrative Director's Rule 9767.9,
subd. (f). (Cal. Code Regs. tit. 8, § 9767.9, subd. (f).)
• Mitzi L. Thomas, Applicant v. Bakers Burgers, Inc., State Compensation Insurance Fund, Defendants,
2008 Cal. Wrk. Comp. P.D. LEXIS 351, Opinion Filed April 21, 2008 Medical Provider Networks-Medical
Treatment-WCAB held that applicant with 1/7/2006 right knee injury was entitled to seek medical treatment
outside defendant's medical provider network (MPN) and that defendant was liable for self-procured medical
expenses, when defendant did not provide timely authorization or provision of an MRI of applicant's right
knee, and provided inadequate medical treatment within MPN.
END ###
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