Section 4062.1 Of Article 2. Determination Of Medical Issues From California Labor Code >> Division 4. >> Part 1. >> Chapter 7. >> Article 2.
4062.1
. (a) If an employee is not represented by an attorney, the
employer shall not seek agreement with the employee on an agreed
medical evaluator, nor shall an agreed medical evaluator prepare the
formal medical evaluation on any issues in dispute.
(b) If either party requests a medical evaluation pursuant to
Section 4060, 4061, or 4062, either party may submit the form
prescribed by the administrative director requesting the medical
director to assign a panel of three qualified medical evaluators in
accordance with Section 139.2. However, the employer may not submit
the form unless the employee has not submitted the form within 10
days after the employer has furnished the form to the employee and
requested the employee to submit the form. The party submitting the
request form shall designate the specialty of the physicians that
will be assigned to the panel.
(c) Within 10 days of the issuance of a panel of qualified medical
evaluators, the employee shall select a physician from the panel to
prepare a medical evaluation, the employee shall schedule the
appointment, and the employee shall inform the employer of the
selection and the appointment. If the employee does not inform the
employer of the selection within 10 days of the assignment of a panel
of qualified medical evaluators, then the employer may select the
physician from the panel to prepare a medical evaluation. If the
employee informs the employer of the selection within 10 days of the
assignment of the panel but has not made the appointment, or if the
employer selects the physician pursuant to this subdivision, then the
employer shall arrange the appointment. Upon receipt of written
notice of the appointment arrangements from the employee, or upon
giving the employee notice of an appointment arranged by the
employer, the employer shall furnish payment of estimated travel
expense.
(d) The evaluator shall give the employee, at the appointment, a
brief opportunity to ask questions concerning the evaluation process
and the evaluator's background. The unrepresented employee shall then
participate in the evaluation as requested by the evaluator unless
the employee has good cause to discontinue the evaluation. For
purposes of this subdivision, "good cause" shall include evidence
that the evaluator is biased against the employee because of his or
her race, sex, national origin, religion, or sexual preference or
evidence that the evaluator has requested the employee to submit to
an unnecessary medical examination or procedure. If the unrepresented
employee declines to proceed with the evaluation, he or she shall
have the right to a new panel of three qualified medical evaluators
from which to select one to prepare a comprehensive medical
evaluation. If the appeals board subsequently determines that the
employee did not have good cause to not proceed with the evaluation,
the cost of the evaluation shall be deducted from any award the
employee obtains.
(e) If an employee has received a comprehensive medical-legal
evaluation under this section, and he or she later becomes
represented by an attorney, he or she shall not be entitled to an
additional evaluation.