What the panel ordered
Findings and Order of July 18, 2023, denying applicant's request to designate Casa Colina as primary treating physician and to treat outside the MPN, is affirmed.
Applicant sought reconsideration of the WCJ's Findings and Order denying her request to designate Casa Colina as her primary treating physician and to treat outside the MPN; WCAB granted reconsideration for further study and now affirms the WCJ's decision.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant designated a facility, not an individual physician, as primary treating physician, contrary to regulations; defendant provided access to three neurologists within the MPN, meeting statutory and regulatory requirements for access to care; applicant did not meet burden to show neglect or refusal to provide care.
From the decision · page 5In the present case, applicant designated Casa Colina rather than any individual physician as her primary treating physician. This designation violates AD Rule 9785(a)(1), which defines the primary treating physician as an actual physician and not a facility or other entity.