Gonzalez v. Vermont Healthcare Center (2024 Cal. Wrk. Comp. P.D. LEXIS 18)

The WCAB held that an applicant was not entitled to select a new primary treating physician within an MPN for an injury in the form of exposure to tuberculosis when her treating PTP within the MPN discharged her as cured with no permanent impairment, work restrictions or need for future medical care.

The WCAB agreed with Acosta v. Balance Staffing Services, 2014 Cal. Wrk. Comp. P.D. LEXIS 480 that an MPN physician’s determination that an injured worker is no longer in need of medical treatment does not constitute a diagnosis or recommendation for medical treatment pursuant to LC §4062(c).

Therefore, the parties must follow the panel QME process to resolve a dispute over the physician’s determination, and not the MPN dispute resolution process in LC §4616.3 or LC §4616.4.

The WCAB concluded that the applicant was not entitled to select a new PTP within the MPN, nor entitled to receive treatment for the injury outside of the defendant’s MPN at defendant’s expense.