Galvan, Virginia

Applicant Virginia Galvan sustained industrial injuries to multiple body parts and her attorney designated IPM Medical Group/Boomerang as her primary treating physician outside defendant's MPN. Defendant contended applicant was required to treat within its MPN, but submitted no documentary or testimonial evidence at trial establishing the existence of a valid MPN, that required notices were provided, or that treatment was actually being provided. The WCJ found that defendant failed to meet its burden and, drawing an adverse inference from the absence of evidence, ruled the applicant could self-procure treatment outside the MPN. The WCAB adopted the WCJ's Report and Joint Opinion on Decision and denied reconsideration, finding defendant's burden was misplaced and that defendant could not develop the record on evidence that existed before the MSC but was never listed on the PTCS.