Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4600
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 within MPN unless neglect or refusal to provide treatment is shown.
From the decision · page 1Labor 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).) 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 and 3202.5
The burden of proof rests upon the party with the affirmative of the issue, by a preponderance of the evidence.
Lien claimant must prove entitlement to treatment outside MPN by preponderance of evidence.
From the decision · page 1The burden of proof rests upon the party with the affirmative of the issue. (Lab. Code,
§ 5705.) All parties shall meet the evidentiary burden of proof on all issues by a preponderance of
the evidence. (Lab. Code, § 3202.5.) In a matter where an injured worker seeks entitlement to
Labor Code section 4603.2(a)(3)
If the employer objects to the employee's selection of a physician outside the MPN and there is a final determination that the employee was not entitled to select a physician outside the MPN, the employer has no liability for treatment provided outside the MPN.
Employer not liable for treatment outside MPN if final determination denies entitlement.
From the decision · page 5Pursuant to Labor Code Section 4603.2(a)(3):
If the employer objects to the employee's selection of the physician on the grounds that the
physician is not within the medical provider network used by the employer, and there is a final
determination that the employee was not entitled to select a physician outside the medical
provider network, the employer shall have no liability for treatment provided by or at the
direction of that physician or for any consequences of the treatment outside the network.