WCPanelIQ
PanelGranted

Mirna Cabada — ADJ11417486

MIRNA CABADA, Applicant vs. FAMILY RANCH, INC.; ARCH INSURANCE COMPANY, administered by SEDGWICK, Defendants

ADJ number
ADJ11417486
Decision date
Jan 25, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick (administering for Arch Insurance Company)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: brain/head

LC §4600LC §5313CCR §10325CCR §10349CCR §10544CCR §10955

Summary

Applicant Mirna Cabada sought removal of a WCJ's November 3, 2021 Order converting her requested Expedited Hearing on out-of-MPN medical treatment to a mandatory settlement conference (MSC). Applicant argued she would suffer prejudice from the delay and that the WCJ should have issued an order enforcing a prior Notice of Intention (NIT) to allow treatment outside defendant's MPN. The Board granted removal but held that the NIT was not self-executing and not binding on defendant because no order followed it, and that no evidentiary record existed to support issuing an order on the treatment issue. The Board affirmed the Order converting to an MSC but amended it to clarify the parties' obligations, and strongly urged the WCJ to convert the upcoming MSC to an expedited hearing and set it sooner given the serious medical-treatment 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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