WCPanelIQ
PanelQMEMed-legalGranted in Part

Karla Gonzalez — ADJ11005277, ADJ11327025

KARLA GONZALEZ, Applicant vs. AC TRANSIT; YORK RISK SERVICES, Defendants

ADJ number
ADJ11005277, ADJ11327025
Decision date
Mar 14, 2021
District office
Oakland
WCJ
Christopher Miller
Claim administrator
York Risk Services
Commissioners
—

Injury / body parts: right ankle, right foot

LC §4616.2LC §4600LC §4060LC §4061LC §4062LC §4610CCR §9767.9CCR §10945

Summary

Applicant Karla Gonzalez, a janitor, sustained admitted industrial injuries to her right ankle in 2013 and 2017. Defendant denied liability for over three years before admitting liability on June 17, 2020, then on July 1, 2020 attempted to transfer applicant's care into its MPN, away from her treating physician Dr. Paul Hughes at NMCI, who had recommended right ankle surgery. The surgery was certified through utilization review on September 23, 2020, but defendant refused to authorize Dr. Hughes (a non-MPN physician) to perform it. The WCJ found applicant entitled to complete her care outside the MPN under the surgery exception of CCR section 9767.9(e)(4), because the procedure was recommended and certified within 180 days of the MPN coverage effective date. The WCAB granted reconsideration solely to clarify the finding that applicant is entitled to completion of care outside the MPN consisting of right ankle surgery with Dr. Hughes, and otherwise affirmed.

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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