WCPanelIQ
PanelRemanded

Jesus Gonzalez — ADJ11162420

JESUS GONZALEZ, Applicant vs. WESLAR, INC.; SOUTHEAST PERSONNEL LEASING; STATE NATIONAL INSURANCE COMPANY, administered by PACKARD CLAIMS, Defendants

ADJ number
ADJ11162420
Decision date
Mar 6, 2023
District office
Los Angeles
WCJ
—
Claim administrator
Packard Claims (administering State National Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §4610CCR §9767.6CCR §10109

Summary

Applicant Jesus Gonzalez petitioned for reconsideration of a September 8, 2021 Findings and Order in which the WCJ found that Dr. Bertoldi's request for authorization was invalid because he was not shown to be within the employer's MPN, that there was no valid primary treating physician, and that applicant was not entitled to re-admission to Casa Colina at Padua Village. Applicant argued he was entitled to continued inpatient treatment and that defendant violated Labor Code section 4610(i)(4)(C) and CCR 10109 by discontinuing care without an agreed care plan, entitling him to self-procure treatment under Knight v. UPS. The Board granted reconsideration to study the issues, and the parties subsequently settled via Compromise and Release filed February 16, 2023. To expedite approval, the Board rescinded the September 8, 2021 Findings and Order and remanded to the WCJ to consider the Compromise and Release. The decision expressly stated it was not a ruling on the merits of the petition.

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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