Cabada v. Family Ranch, Inc., 010101 CAWC, ADJ11417486

Case DateJanuary 01, 2001
CourtCalifornia
MIRNA CABADA, Applicant
v.
FAMILY RANCH, INC.; ARCH INSURANCE COMPANY, administered by SEDGWICK, Defendants
No. ADJ11417486
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State of California
January 26, 2022
         Van Nuys District Office          OPINION AND ORDER          GRANTING PETITION FOR REMOVAL          AND DECISION AFTER REMOVAL          Applicant seeks removal in response to the workers’ compensation administrative law judge’s (WCJ) November 3, 2021 Minutes of Hearing (MOH) and Order converting the matter to a mandatory settlement conference (MSC) and setting the matter for hearing (Order). Applicant contends that she will be significantly prejudiced and/or will suffer irreparable harm if the matter proceeds to an MSC rather than an Expedited Hearing and that the WCJ should have issued an order in response to a previous notice of intention (NIT) regarding medical treatment.          We did not receive an Answer from defendant. The WCJ issued a Report and Recommendation on the Petition for Removal (Report) recommending that we deny removal.          We have considered the allegations of the Petition for Removal and the contents of the Report of the WCJ with respect thereto. Based on our review of the record, we will grant the Petition for Removal, affirm the Order, except that we will amend it to clarify how the parties should proceed, and return this matter to the WCJ for further proceedings.          FACTUAL BACKGROUND          On June 28, 2021, applicant filed a Declaration of Readiness to Proceed to Expedited Hearing (DOR). In the DOR, applicant contends she is entitled to receive medical treatment with a provider outside of defendant’s Medical Provider Network (MPN). A hearing was held on July 28, 2021. While it is unclear from the MOH what transpired at that hearing, the Expedited Hearing was continued to September 27, 2021.          At the September 27, 2021 hearing, the MOH state, in relevant part, “Defendant did not appear at 2:45 call time until 3:10 to resolve issue of [Primary Treating Physician]. [Notice of Intention] re: Order to allow applicant to treat outside of the MPN for denial of care to issue.” The WCJ issued a Notice of Intent to Issue Award of Medical Treatment Outside Employer’s Medical Provider Network (NIT) on September 28, 2021. The NIT states, in relevant part:
NOTICE IS HEREBY GIVEN of intention to issue Order of Medical Treatment allowing applicant MIRNA CABADA to designate as her primary treating physician and obtain medical treatment, pursuant to Labor Code section 4600, outside of the Employer, FAMILY RANCH, INC.’s medical provider network.
(September 28, 2021 NIT, p. 1)          On October 6, 2021, applicant filed a Declaration of Readiness to Proceed to Expedited Hearing. In her DOR, applicant contends that defendant failed to authorize medical treatment outside of its Medical Provider Network[1]. (DOR, p. 7) Defendant filed an objection to the DOR on various grounds.          The matter was set for Expedited Hearing on November 3, 2021 before a different WCJ. The MOH state, in...

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