Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4600(a)
Labor Code section 4600 requires the employer to provide reasonable medical treatment to cure or relieve from the effects of an industrial injury.
Employer must provide treatment unless neglect or refusal is shown, then employee may self-procure treatment at employer's expense.
From the decision · page 3Labor Code section 4600 requires the employer to provide reasonable medical treatment
to cure or relieve from the effects of an industrial injury. (Lab. Code, § 4600(a).)1 If an employer
has established an MPN, an injured worker is generally limited to treating with a physician from
within the employer's MPN. (Lab. Code, § 4600(c), 4616 et seq.) However, if the employer
neglects or refuses to provide reasonably necessary medical treatment, whether through an MPN
or otherwise, then an injured worker may self-procure medical treatment at the employer's
expense. (Lab. Code, § 4600(a); see also McCoy v. Industrial Acc. Com. (1966) 64 Cal.2d 82, 87
[31 Cal.Comp.Cases 93] ["the employer is required to provide treatment which is reasonably
necessary to cure or relieve the employee's distress, and if he neglects or refuses to do so, he must
reimburse the employee for his expenses in obtaining such treatment"].)
Labor Code sections 4600(c), 4616 et seq.
If an employer has established an MPN, an injured worker is generally limited to treating with a physician from within the employer's MPN.
Limits injured worker to MPN treatment unless employer neglects or refuses to provide treatment.
From the decision · page 3Labor Code section 4600 requires the employer to provide reasonable medical treatment
to cure or relieve from the effects of an industrial injury. (Lab. Code, § 4600(a).)1 If an employer
has established an MPN, an injured worker is generally limited to treating with a physician from
within the employer's MPN. (Lab. Code, § 4600(c), 4616 et seq.) However, if the employer
neglects or refuses to provide reasonably necessary medical treatment, whether through an MPN
or otherwise, then an injured worker may self-procure medical treatment at the employer's
expense. (Lab. Code, § 4600(a); see also McCoy v. Industrial Acc. Com. (1966) 64 Cal.2d 82, 87
[31 Cal.Comp.Cases 93] ["the employer is required to provide treatment which is reasonably
necessary to cure or relieve the employee's distress, and if he neglects or refuses to do so, he must
reimburse the employee for his expenses in obtaining such treatment"].)
Labor Code section 5705
The burden of proof rests upon the party with the affirmative of the issue.
Applicant must prove neglect or refusal to provide treatment to treat outside MPN.
Labor Code section 5402(c)
Section 5402(c) requires employer to authorize treatment within one working day after claim form is filed.
Employer timely authorized treatment within reasonable time frame here.
Administrative Director Rule 9767.5(c)
AD Rule 9767.5(c) permits treatment outside MPN if employee cannot obtain reasonable and necessary treatment within applicable access standards and time frames.
Applicant did not show conditions for treatment outside MPN were met.
From the decision · page 64 Moreover, AD Rule 9767.5(f) does not provide the remedy of treating outside the MPN for failure to comply with
it. AD Rule 9767.5(c) provides for treatment outside the MPN where the employee "is not able to obtain from an
MPN physician reasonable and necessary medical treatment within the applicable access standards in subdivisions (a)
or (b) and the required time frames in subdivisions (f) and (g)..." Applicant has not shown that all of the conditions
in subdivision (c) are present in this matter such that she may be permitted to treat outside the MPN per AD Rule
9767.5(c).