Section 4062.2 Of Article 2. Determination Of Medical Issues From California Labor Code >> Division 4. >> Part 1. >> Chapter 7. >> Article 2.
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) No earlier than the first working day that is at least 10 days
after the date of mailing of a request for a medical evaluation
pursuant to Section 4060 or the first working day that is at least 10
days after the date of mailing of an objection pursuant to Sections
4061 or 4062, 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, each party may 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 10 days of assignment of the panel by the
administrative director, 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. The employee
shall not unreasonably refuse to participate in the evaluation.
(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.
(f) The parties may agree to an agreed medical evaluator at any
time, except as to issues subject to the independent medical review
process established pursuant to Section 4610.5. A panel shall not be
requested pursuant to subdivision (b) on any issue that has been
agreed to be submitted to or has been submitted to an agreed medical
evaluator unless the agreement has been canceled by mutual written
consent.