WCPanelIQ
PanelQMEMed-legalLienGranted

Bernard Swayne Petty, Denise

DENISE BERNARD SWAYNE PETTY, Applicant vs. CARE ASSIST SERVICES INC.; WESCO INSURANCE COMPANY, administered by AMTRUST NORTH AMERICA, Defendants

ADJ number
ADJ12163448
Decision date
Nov 3, 2024
District office
Long Beach
WCJ
—
Claim administrator
AmTrust North America (administering Wesco Insurance Company)
Commissioners
—

Injury / body parts: back, lumbar spine, cervical spine, right shoulder, right upper extremity

LC §4600LC §4616LC §5705LC §3202.5LC §5909LC §5900CCR §9785CCR §9793CCR §10606CCR §10600

Summary

Lien claimant Medland Medical sought reconsideration of an F&O finding it failed to meet its burden of proof regarding self-procured medical treatment obtained outside the employer's MPN. The applicant had two claimed injuries: a May 26, 2018 back injury (accepted, treated within the MPN) and a January 20, 2019 injury to back, shoulders, and upper extremities (denied by defendant on May 23, 2019). After the denial, applicant's attorney designated Dr. Haghighinia as PTP, and QME Dr. Nottage later found the January 20, 2019 injury industrial, with defendant ultimately stipulating to injury. The Board held that by denying liability for the January 20, 2019 claim, defendant relinquished medical control and could no longer compel MPN treatment, rendering it potentially liable for self-procured care. The Board granted reconsideration, rescinded the F&O, and remanded for the WCJ to determine the reasonableness and necessity of Dr. Haghighinia's treatment.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.