WCPanelIQ
PanelGranted in Part

Franklin, Charles

CHARLES FRANKLIN, Applicant vs. COUNTY OF SAN BERNARDINO, Permissibly Self-Insured, Defendant

ADJ number
ADJ20141320
Decision date
Jun 19, 2025
District office
Van Nuys
WCJ
Russel Shuben
Claim administrator
County of San Bernardino, Permissibly Self-Insured
Commissioners
—

Injury / body parts: low back

LC §5909LC §5900LC §4600CCR §10600

Summary

Fire Captain Charles Franklin sustained an admitted specific injury to his low back on 11/27/2024 while moving a patient. He resides in Lake Havasu City, Arizona, and elected Dr. Nassos in Sherman Oaks, California (approximately 300 miles away) as his primary treating physician within the MPN. Defendant, the permissibly self-insured County of San Bernardino, sought reconsideration arguing the WCJ erred in finding Dr. Nassos' office was within a reasonable geographic area under Labor Code section 4600, and challenged a scrivener's error in the case number. The Appeals Board granted reconsideration, corrected the case number from ADJ20141320 to ADJ20141319, and otherwise affirmed the WCJ's decision, holding that defendant failed to carry its burden to show similar, equally effective treatment was available closer to applicant's residence with a physician willing to follow California reporting requirements and the fee schedule.

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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