Appeals Board Issues Significant Panel Decision in Kim v. B.C.D. Tofu House, Inc.; Cypress Insurance Company

In the significant panel decision in Eun Jae Kim v. B.C.D. Tofu House, Inc.; Cypress Insurance Company, et.al. (ADJ9086333) dated Feb. 7, 2014, the Appeals Board held that without regard to Court Administrator Rule 10252, which limits expedited hearings to specific issues in accepted claims, an expedited hearing may be requested and conducted under Labor Code §5502(b)(2) and Administrative Director Rule 9767.6(c) to determine whether the employee must treat in the employer’s medical provider network during the 90-day delay period, under Labor Code §5402(b), that the employer has to investigate and determine whether to accept or reject the claim.

The WCJ in this case is Peter H. Hink of the Los Angeles District Office.