WCPanelIQ
PanelDenied

Martinez, Anthony

ANTHONY MARTINEZ, Applicant vs. FEDEX GROUND PACKAGE SYSTEM, INC., permissibly self-insured; administered by SEDGWICK CMS, Defendants

ADJ number
ADJ17574665
Decision date
Oct 1, 2023
District office
Oakland
WCJ
—
Claim administrator
Sedgwick CMS (administrator for FedEx Ground Package System, Inc., permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine

LC §5310LC §5904CCR §10955

Summary

Anthony Martinez sustained an industrial injury to his lumbar spine while employed by FedEx Ground Package System, Inc. (permissibly self-insured, administered by Sedgwick CMS). The WCJ issued a July 17, 2023 Findings and Order that included a threshold finding that applicant sustained an injury AOE/COE to his lumbar spine, plus an interlocutory finding regarding the adequacy of the defendant's Medical Provider Network (MPN). Defendant filed a Petition for Reconsideration, or alternatively Removal, challenging only the interlocutory MPN adequacy determination. The Appeals Board treated the petition under the removal standard because the petitioner challenged only an interlocutory issue, even though the decision was a 'hybrid' containing a final threshold finding. The Board denied the petition, finding no showing of significant prejudice or irreparable harm.

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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