Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4060
Labor Code section 4060
Defines comprehensive medical-legal examination and limits liability for such examinations.
From the decision · page 1We also note that Labor Code section 4060(b) states that "Neither the employer nor the
employee shall be liable for any comprehensive medical-legal examination performed by other
than the treating physician except as provided in this section." Section 4060(a) provides that "[t]his
section shall apply to disputes over the compensability of any injury. This section shall not apply
where injury to any part or parts of the body is accepted as compensable by the employer." In this
case, section 4060 is not applicable because some body parts were accepted.
Title 8 California Code of Regulations section 9793(c)
Title 8 California Code of Regulations section 9793(c)
Defines comprehensive medical-legal evaluation requirements.
From the decision · page 3III
DISCUSSION
It is recommended the Petition for Reconsideration be denied. Pursuant to Title 8 of
California Code of Regulations section 9793 (c), comprehensive medical-legal evaluation' means
Labor Code section 4064(d)
Labor Code section 4064(d)
Limits employer liability for comprehensive medical evaluations not authorized under specific sections.
From the decision · page 4Labor Code Section 4064(d) provides that "the employer shall not be liable for the cost of
any comprehensive medical evaluations obtained by the employee other than those authorized
pursuant to Sections 4060, 4061, and 4062. However, no party is prohibited from obtaining any
medical evaluation or consultation at the party's own expense."
Title 8 California Code of Regulations section 9789.14
Title 8 California Code of Regulations section 9789.14
Consultation and secondary physician reports are not reimbursable unless specific conditions are met.
From the decision · page 4Consultation reports and secondary physician reports to the primary treating physician are
not reimbursable unless a primary treating physician PR-2 repo11, P&S rep011, psych reports
requested by the WCAB, or the Administrative director, other than a medical legal report. Title 8
of California Code of Regulations section 9789.14 (2)(3)(b(l).
Labor Code section 4605
Labor Code section 4605
Applicant may self-procure reports at own expense but not supplant medical-legal process.
From the decision · page 4Labor Code section 4605 provides that the applicant may self-procure reports by a
"consulting or attending physician," at their own expense, but Labor Code section 4605 may not
be used to supplant the medical-legal process. Thus, Dr. Rahimi is not entitled to reimbursement
for services provided.