WCPanelIQ
PanelMed-legalLienDenied

Francis McDonald, Jr. — ADJ10609130

FRANCIS MCDONALD JR., Applicant vs. CORONADO STONE PRODUCTS; TRAVELERS PROPERTY CASUALTY, Defendants

ADJ number
ADJ10609130
Decision date
May 15, 2022
District office
Oxnard
WCJ
—
Claim administrator
Travelers Property Casualty
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER
LC §4600LC §4616LC §4616.7CCR §9767.1CCR §9767.15CCR §9785

Summary

Lien claimant RMS Medical Group sought reconsideration of a WCJ's February 22, 2022 Findings and Order dismissing its lien for medical-legal expenses. RMS argued that because applicant Francis McDonald Jr. was terminated from employment, he was entitled to treat outside the employer's MPN and that Dr. Gottschalk was his selected primary treating physician (PTP). The WCAB found that the claim was accepted, the employer properly provided an MPN, and applicant initially received treatment within the MPN at Concentra, so applicant could not designate a physician outside the MPN absent a failure by defendant to provide MPN treatment. The Board held that lien claimant failed to establish Dr. Gottschalk was applicant's PTP or that applicant was entitled to treat outside the MPN, and that the employment termination was irrelevant to MPN entitlement. Reconsideration was denied.

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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