Reyna Contreras — ADJ10146583

Applicant Reyna Contreras claimed industrial injury to her left shoulder, back, abdomen (hernia) and left hip while working as a laborer for Norcal Harvesting; the claim was accepted for the left shoulder, back and abdomen. Defendant had provided MPN notice in 2018 and 2019, but applicant sent a July 20, 2020 letter requesting assistance obtaining MPN treatment, to which defendant did not respond. The WCJ found applicant could treat outside the MPN, and defendant sought reconsideration/removal arguing proper notice and no denial of care. The Board held that defendant's failure to respond to the July 20, 2020 letter (which was presumed received under the mailbox rule given a proof of service) constituted neglect to provide treatment, entitling applicant to treat outside the MPN from July 20, 2020. The Board deferred entitlement to treatment outside the MPN prior to July 20, 2020 for insufficient evidence, and rejected applicant's reliance on AD Rule 9767.5(g) because that rule applies only to specialist referrals, not initial PTP appointments.