Vidal Murillo — ADJ12031213

Applicant Vidal Murillo sought to treat outside defendant's MPN, arguing the MPN failed access standards because the MAA could not provide three pain management physicians willing to serve as PTP and could not timely schedule an appointment. The WCJ denied applicant's request to treat outside the MPN, finding the referral request fell under AD Rule 9767.5(g) and that applicant failed to select a physician from the MAA's list of three. The Board granted reconsideration, affirmed the denial, but amended the two findings into a single finding that applicant did not show entitlement to treat outside the MPN. The Board held that an MPN need only have three PTPs of any appropriate specialty within the 15-mile/30-minute radius, not three within applicant's preferred specialty (pain management). Applicant failed his burden of proof because he restricted his analysis to three pain management physicians while defendant showed 23 pain management doctors and up to 140 orthopedic surgeons within 30 miles.