WCPanelIQ
PanelQMEMed-legalLienGranted in Part

Olivia Martinez — ADJ10077484

OLIVIA MARTINEZ, Applicant vs. JAGUAR FARM LABOR CONTRACTING, INC. and STAR INSURANCE COMPANY, administered by MEADOWBROOK INSURANCE GROUP; REPUBLIC UNDERWRITERS INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ10077484
Decision date
Apr 26, 2022
District office
Bakersfield
WCJ
—
Claim administrator
Meadowbrook Insurance Group (for Star Insurance Company); Sedgwick Claims Management Services (for Republic Underwriters Insurance Company)
Commissioners
—

Injury / body parts: neck, left shoulder, lumbar spine, hips, knee, feet, ankles

LC §3208.1LC §3208.2LC §4600LC §4604.5LC §4616.3LC §4903LC §5303LC §5402LC §5502LC §5701LC §5903LC §5906LC §5952CCR §9767.6CCR §10856

Summary

Olivia Martinez claimed a cumulative injury to her neck, left shoulder, lumbar spine, and other body parts while working as a farm laborer for Jaguar Farm Labor Contracting from August 6, 2013 through June 2, 2015. After defendants denied the claim, the lien claimant Spine and Orthopedic Center self-procured treatment and filed a $4,210-$4,444 lien. The WCJ found defendants failed to prove MPN medical control and awarded payment to the lien claimant. On reconsideration, the WCAB affirmed the WCJ's finding that defendants did not establish MPN control and refused to develop the record on that issue, but amended the F&A to defer the issue of whether the treatment was reasonable and necessary because neither the Doctor's First Report nor the Requests for Authorization adequately addressed MTUS/ACOEM compliance. The matter was returned to the WCJ for further proceedings on the medical necessity issue.

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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