Perla Torres — ADJ13521927

Applicant Perla Torres sought reconsideration of a WCJ's Findings of Fact holding she did not prove a denial of care within the employer's MPN that would entitle her to treat outside the MPN at the employer's expense. Applicant claimed defendant failed to provide timely treatment, including by not scheduling an appointment within 3 business days under AD Rule 9767.5(f). The Board found that defendant acknowledged the claim and arranged treatment at Concentra shortly after the claim form was mailed, and that the 3-business-day standard never triggered because there was no evidence applicant contacted an MPN medical access assistant. The Board held applicant, who bore the burden of proof, failed to show any neglect or refusal to provide treatment. The Petition for Reconsideration was denied.