Ralphs Grocery Co. v. Workers' Compensation Appeals Board

Ralphs Grocery Company (Ralphs or the employer) seeks a writ of review after the Workers’ Compensation Board (the Board) granted Dawn R. Lara’s (Lara) petition for reconsideration and awarded her a 10 percent penalty under Labor Code section 5814 for Ralphs’s “unreasonable” delay in providing medical treatment and temporary disability benefits. Lara had requested a second change of physician. Ralphs denied the request and temporarily cut off Lara’s temporary disability benefits based on its belief that section 4601, entitled Lara to only one change in physician.

The primary issue presented is whether Ralphs’ actions were unreasonable. In this opinion, we conclude that section 4601 was inapplicable and that Lara was entitled to a second change of physician under section 4600. Because we conclude Ralphs’s interpretation of the statutes was unreasonable, we affirm the Board’s order.

Background

Lara suffered admitted bilateral wrist injuries while employed at Ralphs as a cashier. She was temporarily disabled in 1993 and was treated by Dr. Scalone upon referral from Ralphs. She was discharged and returned to work in August 1993. In March 1994, she again became symptomatic,…