Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10560 (Cal. Code Regs., tit. 8, 10560(a))
WCAB Rule 10560 provides that any aggrieved party may appeal or seek to enforce an order issued by the Division of Workers' Compensation Administrative Director by filing a petition and an Application for Adjudication of Claim if one has not already been filed.
Applied to support the procedure for appealing the Administrative Director's MPN determination.
From the decision · page 4a petition, and an Application for Adjudication of Claim if one has not already been filed." (Cal.
Code Regs., tit. 8, § 10560(a).)
Cal. Code Regs., tit. 8, 9767.3(c)(3)
AD Rule 9767.3(c)(3) requires that an ancillary service provider file have six specific columns including name, specialty, address, city, state, and zip code, and that interpreters listed must be certified pursuant to section 9795.1.6(a)(2)(A) and (B).
Applied to assess the validity of SCIF's MPN ancillary roster and the requirements for interpreter services.
Labor Code section 4616(b)(4)
Section 4616(b)(4) of the Labor Code provides that the Administrative Director's MPN determination may be appealed on the same grounds and within the same time limits applicable to a petition for reconsideration.
Applied to determine the appealability and timeliness of the petitions.
From the decision · page 3Section 4616(b)(4) provides that, "[a] determination of the administrative director may be
reviewed only by an appeal of the determination of the administrative director filed as an original
proceeding before the reconsideration unit of the workers' compensation appeals board on the
same grounds and within the same time limits after issuance of the determination as would be
applicable to a petition for reconsideration of a decision of a workers' compensation administrative
law judge." (§ 4616(b)(4).) WCAB Rule 10560 provides that, "[w]here the Labor Code provides
that the Workers' Compensation Appeals Board has jurisdiction over appeals from or enforcement
of an order, any aggrieved party may appeal or seek to enforce an order issued by the Division of
Workers' Compensation Administrative Director or the Director of Industrial Relations by filing
Labor Code section 4616(a)(4)(A)(i)
Section 4616(a)(4)(A)(i) requires that if the ancillary service is provided by an entity rather than an individual, the entity's name, address, and telephone number shall be listed on the MPN's internet website.
Applied to determine compliance of SCIF's MPN ancillary roster with publication requirements.
From the decision · page 8We note that the 2025 Determination Letter concludes that "DWC's independent review
of the MPN Provider Directory search results and Roster of Participating Providers confirmed
compliance with the Labor Code. The MPN listed interpreters with their individual or entity name,
physical address, and telephone number." (ADJ8112676 (Chang) Exhibit E, MPN Determination
Letter dated September 16, 2025, filed September 29, 2025 and October 8, 2025.) However, even
if this was not true, and the MPN roster only provided, as lien claimant alleges, interpreting entities
as opposed to individual interpreters, we note that section 4616(a)(4)(A)(i) states that if "the
ancillary service is provided by an entity rather than an individual, then that entity's name, address,
and telephone number shall be listed." Hence, we see no violation of the statute.
Labor Code section 4603.6
Section 4603.6 and AD Rules 9792.5.4 et seq. provide procedures for challenging payment disputes and require an independent bill review determination before an appeal to the Appeals Board.
Applied to defer the payment entitlement issue to the trial level for adjudication.
From the decision · page 9and invited lien claimant to verify that it is a provider under these entities and if it is not, to become
a provider under these entities. (ADJ8112676 (Chang) Exhibit F, Advisory Reminder Notice to
Ancillary Providers letter dated October 1, 2015, filed September 29, 2025 and October 3, 2025.)
We further note that section 4603.6 and AD Rules 9792.5.4 et seq. are applicable procedures in
challenging payment disputes. It is not until there is a determination of the independent bill
reviewer that lien claimant can then filed an appeal with Appeals Board. (§ 4603.6(f).)