2011-EB-3 (2011). ELAYNE VALDEZ vs. WAREHOUSE DEMO SERVICES; ZURICH NORTH AMERICA Adjusted by ESIS.

• Court: California

California Workers Compensation Decisions 2011. En banc decisions 2011-EB-3 (2011). ELAYNE VALDEZ vs. WAREHOUSE DEMO SERVICES; ZURICH NORTH AMERICA Adjusted by ESIS WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIAELAYNE VALDEZ,Applicant, vs. WAREHOUSE DEMO SERVICES; ZURICH NORTH AMERICA, Adjusted by ESIS, Defendant(s).Case No. ADJ7048296OPINION AND ORDER GRANTING RECONSIDERATION (EN BANC)On April 20, 2011, the Appeals Board issued an en banc decision which held that where unauthorized treatment is obtained outside a validly established and properly noticed MPN, reports from the non-MPN doctors are inadmissible, and therefore may not be relied upon, and that defendant is not liable for the cost of the non-MPN reports. On May 16, 2011, applicant Elayne Valdez filed a timely petition for reconsideration from the Appeals Board's en banc decision.(fn1) On May 27, 2011, defendant filed an answer to applicant's petition for reconsideration. On June 3, 2011, applicant submitted a request to file a supplemental pleading in response to defendant's answer, along with the supplemental pleading, which we allow pursuant to WCAB Rule 10848 (Cal. Code Regs., tit. 8, § 10848). Taking into account the statutory time constraints for acting on the petitions, and after again reviewing the entire record, we believe reconsideration must be granted in order to allow sufficient opportunity to further study the factual and legal issues in this case. We believe that this action is necessary to give us a complete understanding of the record and to enable us to issue a just and reasoned decision. Reconsideration will be...