The Division of Workers' Compensation reminds employers, injured workers and claims
administrators that Labor Code section 4600 was amended, effective Jan.1, 2007.
AB 2068 amended
Labor Code section 4600 to define "personal physician" to include a "medical group, if the medical
group is a single corporation or partnership composed of licensed doctors of medicine or osteopathy,
which operates an integrated multispecialty medical group providing comprehensive medical
services predominantly for nonoccupational illnesses and injuries." The amended statute also
provides that the pre-designation subdivision will remain in effect until Dec. 31, 2009.
The DWC has filed a revision to its current pre-designation regulations (Title 8, California Code of
Regulations, sections 9780 et seq.) to comply with this change in the statute and has requested a Feb.
1, 2007 effective date for the revision. However, as of Jan. 1, 2007, the amended statute took
precedence over the regulations, and employees must be allowed to pre-designate a medical group if
it falls within the meaning provided in the statute and the employee meets the other regulatory
requirements to pre-designate.
Employees may pre-designate their personal doctor of medicine (M.D.), doctor of osteopathic
medicine (D.O.), or a medical group to treat them for a workplace injury or illness if: the employer
offers group health coverage; the doctor has treated the employee in the past and has their medical
records; prior to the injury the doctor agreed to treat the employee for work injuries or illnesses and;
prior to the injury the employee provided the employer with notice of the pre-designation in writing,
along with the personal physician's name and business address.
The statute does not require the pre-designated personal physician to be within the employer's group
health plan - just that the above conditions be met.
As soon as the DWC's regulatory amendments, which include the pre-designation form, are approved
by the Office of Administrative Law, they will be posted on the division's Web site (and here).
The division's forms page is located at http://www.dir.ca.gov/dwc/forms.html. In the meantime,
employees may still use DWC form 9783 to pre-designate a personal physician, including a medical
group.
- Help for the Injured Worker
