Pinkerton, Inc. v. Workers' Compensation Appeals Board

Pinkerton, Inc., seeks review of an order of the Workers’ Compensation Appeals Board (Board) denying its petition for reconsideration and affirming an award in favor of Tinishia Samuel. Pinkerton contends that it gave sufficient notice of change of the primary treating physician. While the statute and regulation are not clear as to what notice is required, we conclude there was no proper notice in this case. We affirm the Board’s order.

Samuel asks that we order Pinkerton to pay her attorney’s fees and costs incurred in responding to its petition.

Based on our review of the record and applicable law, we deny Samuel’s request for fees and costs.

Factual and Procedural Summary

Samuel was employed as a security guard by Pinkerton. On April 27, 1998, she was injured at work when she slipped and fell on a waxed floor. She injured her back, neck, shoulder, right wrist, right knee and both ankles. Pinkerton prepared a preprinted document entitled “Notice to Doctor” to refer Samuel to Santa Monica Bay Physicians. The first line simply stated: “To: Treating Doctor (PTP).” No physician was named or otherwise identified. The next day, however, Dr. Chris Effimoff of Santa Monica…