Kimberly Dicato — ADJ14808720

Applicant Kimberly Dicato, a nurse, claimed a COVID-19 injury accepted by her self-insured employer Good Samaritan Hospital, administered by Athens Administrators. After applicant designated a non-MPN physician as her PTP and defendant objected, the WCJ found defendant's MPN invalid, found applicant had medical control under Labor Code sections 4600(c) and 4603.2, and allowed her to select Robert Weber, M.D. as PTP. Defendant petitioned for reconsideration. The WCAB granted reconsideration, holding that the WCAB and WCJ lack jurisdiction to declare an approved MPN invalid because such disputes must be petitioned to the Administrative Director under Labor Code section 4616. The Board rescinded the F&O and remanded for the WCJ to consider whether defendant's conduct constituted a refusal to provide treatment and to issue a new decision based only on admitted evidence.