WCPanelIQ
PanelQMERemanded

Gutierrez, Jason

JASON GUTIERREZ, Applicant vs. MISSION POOLS; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ17164621
Decision date
Apr 8, 2024
District office
Anaheim
WCJ
—
Claim administrator
Travelers Property Casualty Company of America
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right elbow, neck, right shoulder, right wrist, right hand, fingers

LC §4600LC §4062LC §4060LC §4061LC §4610LC §5705LC §5903LC §5952LC §5701LC §5906CCR §9767.9

Summary

Applicant Jason Gutierrez sustained industrial injury on August 9, 2022 to his right elbow, neck, right shoulder, right wrist, right hand, and fingers while working as an electrician/plumber for Mission Pools. The WCJ found that defendant denied medical care, allowing applicant to treat outside the MPN at employer expense. Defendant filed a Petition for Removal contending it maintained a valid MPN and never denied treatment. The Board treated the petition as one for reconsideration because the right to medical treatment is a final order, and concluded that the record did not adequately establish whether defendant neglected or refused authorization for medical treatment. The Board rescinded the F&O and returned the matter to the trial level for further proceedings to determine with specificity whether defendant neglected or refused treatment requests.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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