NOE VEGA, Applicant,
v.
TACO BELL; CALIFORNIA INDEMNITY INSURANCE COMPANY, Defendants.
No. VNO 458318
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State Of California
June 9, 2003
ORDER
VACATING ORDER GRANTING RECONSIDERATION, OPINION AND ORDER
GRANTING REMOVAL AND DECISION AFTER REMOVAL
This
case presents the issue of whether a defendant is entitled to
an expedited hearing under Labor Code § 5502(b)(1) on
the issue of an applicant's entitlement to medical
treatment when it is asserted that the applicant has refused
to accept treatment from an employer selected physician under
a Health Care Organization (HCO) agreement pursuant to Labor
Code section 4600.31. We hold that an expedited
hearing shall be set on a defendant's Declaration of
Readiness to Proceed to Expedited Hearing under Section
5502(b) where the issue of a defendant's right to medical
control within the scope of Section 4600.3, and
concomitantly, an applicant's entitlement to medical
treatment, is presented for decision.
On
January 2, 2003, defendant, Taco Bell, by and through its
insurer, California Indemnity Insurance Company, filed a
petition for removal, or alternatively, for reconsideration,
for review of the Appeals Board's December 13, 2002,
order denying a prior petition for removal. In the latter
decision, the WCJ's denial of defendant's request for
an expedited hearing was affirmed. Defendant contends that it
is entitled to an expedited hearing where applicant failed to
adhere to his obligation to cooperate with defendant's
right to control his medical treatment for his industrial
injury under Section 4600.3. Defendant now seeks the
consolidated review of two additional cases to demonstrate
the disparate treatment of this issue at different district
offices.
On
March 3, 2003, we granted reconsideration in this matter to
provide an opportunity to further study the legal and factual
issues raised by the petition for reconsideration. Having
completed our review, and for the reasons set forth below, we
shall vacate our Order Granting Reconsideration, grant
defendant's Petition for Removal, and as our Decision
After Removal, return this matter to the trial level for an
expedited hearing on defendant's Petition for Order to
Restore Medical Control.
Statement
of Facts
Applicant,
Noe Vega, filed an Application for Adjudication of Claim on
October 1, 2002, alleging...
