Barron, Osbaldo

Lien claimant Premier Psychological Services sought reconsideration of a WCJ's Findings of Fact that defendant had a properly established MPN at the time of injury and that there was no denial of care permitting applicant to treat outside the MPN with Dr. Mark Michaels. The applicant, a warehouseman, alleged a cumulative trauma injury (August 15, 2010 – April 19, 2018) to his head, shoulders, nervous system, psyche, and neck, and the case-in-chief resolved by Compromise and Release in July 2018. The WCJ found defendant established an approved MPN (Berkshire Hathaway Homestate Companies under Cypress Insurance Company, approved by the DWC) via judicially noticed documents, and that defendant's six-working-day delay in scheduling treatment did not constitute a refusal or neglect to provide care. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration.