W.C.Overview

4.8.02

 

Don Featherstone, Esq. subbing for Judge Adrienne Allen

 

Mentioned that the primary treating physician presumption will be lessened, in his opinion, in 1/1/03 when the new legislation takes effect and more workers are predesignating their doctors.

 

E/R has five days to respond to an E/E request to change treating physicians.

            E/E has the one-time change option within the first 30 days.

            A change request pursuant Labor Code § 4601 may be made at any time.

 

T.D. benefits will be indexed to Cost of Living.

            Table 14 in Labor Code

 

Applicant might not be able to get T.D. if E/R has alt/mod work.

            E/R must make the offer to Applicant

 

Q.R.R. – qualified rehabilitation representative

            Prudent counselor will have doc. review job analysis and sign off on it.

 

Applicant T.D. for 90 days or more should have Q.R.R. give presentation on voc. rehab. benefits possibly available.

 

Applicant T.D. for 365 days or more is presumed to be Q.I.W.

            … mod. duties can injure and/or doc. can take Applicant off mod. duties.

 

“Most of litigated cases happens due to lack of communication on both sides.”

 

“It all depends on the individual facts.”

 

He said he would encourage E/R take Applicant back if alt/mod duty available and Applicant was truly a good E/E.

 

Medical pre-designation needs to be a specific physician, not a med. group… should be doc. who has seen Applicant before under Labor Code § 4600.

 

I.M.E. – independent medical evaluation

           

Labor Code § 3762 gives guidelines on what an E/R can and cannot get

            DuPont citation

 

It is good to know the various ranges of treatment for the various disabilitaties.