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Case Name | Elayne Valdez v. Warehouse Demo Services | |
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Date | 04/20/2011 | |
Note | California workers' compensation judges may not admit as evidence reports from doctors who are not a part of the employer's medical provider network if that MPN was validly established and properly noticed. | |
Citation | ADJ7048296 | |
WCC Citation | WCC 37512011 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. ADJ7048296 ELAYNE VALDEZ, Applicant, vs. OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) WAREHOUSE DEMO SERVICES; ZURICH NORTH AMERICA, Adjusted by ESIS, Defendant(s). BACKGROUND Applicant Elayne Valdez filed a claim for industrial injury to her back, right hip, neck, right ankle, right foot, right lower extremity, lumbar spine and both knees, while employed as a demonstrator for Warehouse Demo Services on October 7, 2009. While the WCJ deferred the issue of MPN, he nevertheless rejected defendants argument that reports of non-MPN doctors are inadmissible. An MPN is established by an employer or insurer subject to the approval of the administrative director (AD). 8, 9762. 1 through 9762. 3. ) The statutory and regulatory scheme also imposes several other obligations upon both the insurer/employer and the injured worker.
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