Ordorica

During the initial 30-day period of medical control by the employer following an industrial injury, Daniel Ordorica refused care by the employer’s doctor and instead began treatment with a physician he chose. The Workers’ Compensation Appeals Board (WCAB) determined that Ordorica’s refusal and change of physicians was an illegal and deliberate attempt to deny the employer its right of medical control, and Ordorica was estopped from asserting his physician was the primary treating physician (PTP). In addition, the WCAB extended the employer’s medical control to two days after a future examination with the employer’s physician.

Ordorica as petitioner alleges he had no legal obligation to accept treatment from the employer’s physician, and he mistakenly scheduled an appointment with his treating doctor during the period of the employer’s medical control. Ordorica further contends the relief afforded by the WCAB is not provided by statute. The employer answers its right to medical control was violated and the decision is justified.

Although initially we summarily denied the petition for writ of review, the Supreme Court granted review and ordered hearing of the matter by…