Elayne Valdez

Applicant Elayne Valdez sustained an admitted industrial injury and initially treated with an MPN physician (Dr. Nagamoto), but after less than a month she began treating with a non-MPN physician (Dr. Nario) on referral from her attorney without notifying the defendant or using the MPN dispute procedures. The WCJ relied on Dr. Nario's non-MPN reports to award temporary disability indemnity. The Appeals Board, en banc, granted reconsideration and held that where unauthorized treatment is obtained outside a validly established and properly noticed MPN, reports from the non-MPN treating physicians are inadmissible and may not be relied upon, and the defendant is not liable for the cost of those reports. Because the WCJ deferred the MPN validity and notice issues, the Board rescinded the Findings and Award and remanded for determination of whether a valid, properly noticed MPN existed and for further proceedings on temporary disability and the EDD lien. Commissioners Brass and Caplane concurred in part and dissented in part, arguing that section 5703(a) discretion and section 4605 should allow admission of non-MPN reports on compensation (disability) issues.