Eun Jae Kim

Applicant Eun Jae Kim filed a cumulative trauma claim against B.C.D. Tofu House while the claim was still in delay status within the 90-day investigation period. Defendant filed a DOR seeking an expedited hearing to compel transfer of care into its MPN and to establish it had no liability for treatment with a non-MPN physician (Dr. Rubanenko). The WCJ ordered the case off calendar, reasoning that an expedited hearing on medical treatment was 'not appropriate' because the case had not been admitted, relying on Court Administrator Rule 10252. The Appeals Board removed the case on its own motion and held, as a significant panel decision, that under amended Labor Code section 5502(b)(2) a party is entitled to an expedited hearing to address MPN treatment during the 90-day delay period even where liability has not been accepted. However, because the 90-day period had already expired, the Board dismissed defendant's petition as moot and returned the case to the trial level.