WCPanelIQ
PanelQMEMed-legalLienDenied

Vargas Guillen, Martha

MARTHA VARGAS GUILLEN, Applicant vs. NSI SERVICES COLLEGE HOSPITAL; EVEREST NATIONAL INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ10116539
Decision date
Apr 28, 2024
District office
Los Angeles
WCJ
William M. Carero
Claim administrator
Sedgwick Claims Management Services (administering for Everest National Insurance Company)
Commissioners
—

Injury / body parts: lumbar spine

LC §4063LC §4906CCR §9792.9.1CCR §10109

Summary

Applicant Martha Vargas Guillen sustained a lumbar spine injury on April 16, 2015, while working as a housekeeper, and received treatment within defendant's Medical Provider Network (MPN). Her new attorney attempted to designate Dr. Guy Gottschalk of RMS Medical Group as primary treating physician (PTP) outside the MPN, and RMS pursued a lien for treatment and medical-legal services. The WCJ found that defendant maintained and exercised valid medical control within its MPN, that no denial of care occurred, and that the out-of-network designation was insufficient to entitle applicant to self-procured care at defendant's expense. The WCAB adopted and incorporated the WCJ's Report and denied RMS's Petition for Reconsideration.

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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