WCPanelIQ
PanelGranted

Demetrius Thomas — ADJ21567804, ADJ20197460, ADJ20197482

DEMETRIUS THOMAS, Applicant vs. RALPH’S GROCERY COMPANY/THE KROGER COMPANY, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ21567804, ADJ20197460, ADJ20197482
Decision date
Jul 19, 2026
District office
Pomona
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering for Ralph's Grocery Company/The Kroger Company, permissibly self-insured)
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: low back, lumbar spine

LC §3209.3LC §3209.10LC §4600LC §4600.5LC §4601LC §4061LC §4062LC §4616LC §4616.3LC §4616.4LC §5702LC §5900LC §5904LC §5909LC §5500.3CCR §9767.6CCR §9767.7CCR §9785CCR §10955

Summary

Applicant Demetrius Thomas, a grocery stocker who injured his low back on August 17, 2025, sought reconsideration of an F&O finding he did not need further medical treatment and was not entitled to a second opinion within the MPN, based on an October 16, 2025 'release from care' report from Concentra. That report was authored solely by a family nurse practitioner (FNP-C) with no supervising physician signature or involvement. The Board held that under Labor Code section 3209.10, a nurse practitioner may not be designated as a primary treating physician (PTP), and the report was therefore invalid as a basis to release applicant from care. The Board granted reconsideration, rescinded the F&O, and substituted new findings that applicant is not released from care and is entitled to designate a new PTP. The Board also criticized the WCJ for failing to create a record and transmit the earlier petition regarding a remote hearing under Perez v. Chicago Dogs.

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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