BILL NUMBER: AB 1565	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 23, 2007

   An act to amend Section 4062.2 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1565, as introduced, Lieber. Workers' compensation: medical
evaluations.
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an employee for injuries
sustained in the course of his or her employment. Existing law
provides that whenever a comprehensive medical evaluation is required
to resolve any dispute arising out of an injury or a claimed injury
occurring on or after January 1, 2005, and the employee is
represented by an attorney, the evaluation shall be obtained only in
accordance with prescribed requirements for the conduct of the
evaluation.
   This bill would make a technical, nonsubstantive change to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4062.2 of the Labor Code is amended to read:
   4062.2.  (a) Whenever a comprehensive medical evaluation is
required to resolve any dispute arising out of an injury or a claimed
injury occurring on or after January 1, 2005, and the employee is
represented by an attorney, the evaluation shall be obtained only as
provided in this section.
   (b) If either party requests a medical evaluation pursuant to
Section 4060, 4061, or 4062, either party may commence the selection
process for an agreed medical evaluator by making a written request
naming at least one proposed physician to be the evaluator. The
parties shall seek agreement with the other party on the physician,
who need not be a qualified medical evaluator, to prepare a report
resolving the disputed issue. If no agreement is reached within 10
days of the first written proposal that names a proposed agreed
medical evaluator, or any additional time not to exceed 20 days
agreed to by the parties, either party may request the assignment of
a  three-member  panel of  three  qualified
medical evaluators to conduct a comprehensive medical evaluation.
The party submitting the request shall designate the specialty of the
medical evaluator, the specialty of the medical evaluator requested
by the other party if it has been made known to the party submitting
the request, and the specialty of the treating physician. The party
submitting the request form shall serve a copy of the request form on
the other party.
   (c) Within 10 days of assignment of the panel by the
administrative director, the parties shall confer and attempt to
agree upon an agreed medical evaluator selected from the panel. If
the parties have not agreed on a medical evaluator from the panel by
the 10th day after assignment of the panel, each party may then
strike one name from the panel. The remaining qualified medical
evaluator shall serve as the medical evaluator. If a party fails to
exercise the right to strike a name from the panel within three
working days of gaining the right to do so, the other party may
select any physician who remains on the panel to serve as the medical
evaluator. The administrative director may prescribe the form, the
manner, or both, by which the parties shall conduct the selection
process.
   (d) The represented employee shall be responsible for arranging
the appointment for the examination, but upon his or her failure to
inform the employer of the appointment within 10 days after the
medical evaluator has been selected, the employer may arrange the
appointment and notify the employee of the arrangements.
   (e) If an employee has received a comprehensive medical-legal
evaluation under this section, and he or she later ceases to be
represented, he or she shall not be entitled to an additional
evaluation.