McCutcheon, Pauline

Pauline McCutcheon, a pharmacist, sustained a cumulative trauma injury (5/20/2011-3/16/2020) to her neck, arm, right elbow, and bilateral wrists including carpal tunnel. She sought to treat outside defendant's MPN, claiming the MPN was defective because the only available physicians she identified were all from one facility (Concentra). The WCJ found she failed to meet her burden of proof to show the MPN was invalid or that defendant neglected or refused to provide care, particularly because she presented no witnesses or admissible evidence and her allegations rested solely on an inadmissible survey in her trial brief. The WCAB adopted the WCJ's Report and denied reconsideration, also addressing the timeliness of its decision under the amended Labor Code section 5909.