applicant's failed attempt to change
treating physician and was not a
rebuttal to the true primary treating
physician.
concluded, the right to choose a new
treating physician is limited. Read in the
light of the statutory and regulatory
scheme as a whole, section 4600 does
not allow an employee to select a new
treating physician each time he or she is
discharged from treatment and
disagrees with the prognosis: unless and
until it is determined that there is need
for continuing treatment, a new primary
treating physician may not be selected."
is when the treating physician uses the
one page check off form to the carrier
with a disability status, will this suffice
to trigger 4061 and 4062? This is yet to
be determined
footsteps of Tenet/Centinela Hospital
Medical Center v. WCAB 65 CCC
477.
(ANTICO) 65
CCC1220
and back. The industrial injury
aggravated his Tourette's syndrome.
The treating doctor found the
applicant permanent and stationary
with the need for no further treatment
or evaluation. The treating doctor
believed the Tourette's syndrome was
aggravated by the industrial injury but
had resolved.
doctors but did not comply with the
sections 4061 and 4062. The
defendant got a neurological
qualified medical exam in rebuttal.
treating physician's by the applicant
and the WCAB upheld this.
Code sections 4060; 4061; 4062;
4062.9; and Section 9785.
will apply only where there is a
preponderance of medical opinion
indicating there is a different level of
impairment than the treating doctor
determined.
physician discharged the applicant.
The applicant was precluded from
choosing a new treating physician
under section 9785 if he did not
comply with Labor Code section
4062 (a). The first treating doctor
was entitled to the presumption
under section 4062.9 Further, the
appellate court indicated the
defendant did not lose the treating
doctor's presumption when they
obtained a neurological QME. Their
reasoning
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