Lazcano, Patricia

Applicant Patricia Lazcano sought reconsideration of a March 5, 2024 F&O finding that her retroactive predesignation of 'Optum/Evan Marlowe, MD' as her personal physician did not satisfy Labor Code section 4600(d). In a prior 2022 decision, the Board had held that where an employer fails to provide notice of the right to predesignate, the remedy is to allow the employee to retroactively designate a personal physician, provided all section 4600(d) conditions are met. The WCJ found Dr. Marlowe never treated applicant before her injury and that the record failed to establish that 'Optum' was a qualifying medical group or that it was the same entity as 'Optumcare Medical Group' (formerly Marathon Medical Group) where applicant treated with Dr. Frisch. The Board agreed the record was insufficient, granted reconsideration, rescinded the F&O, and returned the matter to the trial level to develop the record on whether Optum qualifies under section 4600(d)(2)(B).