Valdiviezo, Carlos

Applicant Carlos Valdiviezo sustained an accepted bilateral wrist and elbow injury while working as a groundskeeper for The Olympic Club. After his primary treating physician (PTP), Dr. Smolins, was terminated from defendant's Medical Provider Network (MPN), defendant sent a Notice of Terminated Provider that was English-only (despite applicant requiring a Spanish interpreter) and mailed the PTP copy to an incorrect address. The WCJ found defendant failed to comply with the continuity of care notification requirements of CCR section 9767.10(d)(1), entitling applicant to continue treating with Dr. Smolins outside the MPN at defendant's expense, and imposed a Labor Code section 5814 penalty plus section 5814.5 attorney fees for unreasonable delay of medical care. The Appeals Board denied reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision.