BILL NUMBER: AB 1565	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 23, 2007

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1565, as amended, 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.  Existing law authorizes either of the parties to a
dispute arising out of an injury or a claimed injury, if no agreement
is reached regarding the selection of a physician to be a qualified
medical evaluator to conduct a comprehensive medical evaluation, to
request assignment of a 3-member panel of qualified  
medical evaluators. Existing law provides that 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, and the remaining qualified medical evaluator shall
serve as the medical evaluator. Existing law further specifies that
if a party fails to exercise the right to strike a name from the
panel within 3 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.  
   This bill would make a technical, nonsubstantive change to those
provisions.  
   This bill would authorize, if a party fails to exercise the right
to strike a name from the panel within 3 working days of gaining the
right to do so, the other party, in addition to selecting any
physician who remains on the panel to serve as the medical evaluator,
to also obtain a medical evaluation in a manner agreed upon by the
parties. 
   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 repealed.  
   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 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. 
  SEC. 2.  Section 4062.2 is added to the Labor Code, 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 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, or a medical evaluation may be obtained in a manner
agreed upon by the parties. 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. 
  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 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.