Party may subpoena medical records in any proceeding under this division. Person in possession of the records must be served and a copy of the subpoena must be sent to all parties in the proceeding.
Employee requesting compensation for permanent disability that may be payable, but the injury is not yet permanent or stable may be monitored until it is permanent. At which time, the employee will be evaluated to determine the extent of permanent disability and the need for continuing medical care, or the employer will disclose the amount payable for the disability.
Either the employee or the employer may object to the medical determination made by the treating physician provided that the medical issue does not fall within the exceptions from objections. If the employee objects to the utilization review decision to modify, delay , or deny the recommended treatment, the employee must notify the employer. If the employer has an attorney a medical evaluation must be obtained as provided and no other medical evaluation may be obtained.
The employer may object to the recommendation for spinal surgery made by the treating physician. If the employee has an attorney, the parties must agree on an orthopedic surgeon or neurosurgeon to prepare a second opinion to resolve the dispute. If an agreement is not reached or the employee does not have an attorney, the administrative director must randomly select an orthopedic surgeon or orthopedic surgeon to prepare a second opinion to resolve the dispute.
In order to determine medical issues in regards to workers' compensation, the parties may submit the following to an agreed upon medical evaluator: records from the treating physicians), medical records relevant to determining the medical issue. The medical evaluator must prepare a report and indicate all information received, all information reviewed for the report, and all information relied upon in forming her opinion.
If the appeals board determines that a treating physician's report contains opinions that are not supported by adequate evidence, they must notify the administrative director. If the administrative director finds that the physician's report contains a pattern of unsupported opinions, she must notify the physician's licensing board of such findings.
If there is disagreement between the parties regarding the permanent disability on the basis of the treating physician's evaluation of a represented employee then a medical evaluation pursuant to 4062.2 must be obtained.
If the parties do not agree as to whether there is a permanent disability on the basis of the treating physician's evaluation of an unrepresented employee then either party may request a medical evaluation as provided in 4062.1
If any comprehensive evaluation of the employee's permanent disability indicates that it may be subject to apportionment (4663, 4664), then it must be submitted by the administrative director to a workers' compensation judge. The judge may send the report back to the medical evaluator for correction or clarification.
