The recent case of Eun Jae Kim v. B.C.D. Tofu House, Inc. is the second case that has come down addressing SB863 changes regarding the Medical Provider Network (MPN). the first case was the Supreme Court of California’s ruling in the Valdez v. WCAB matter, determining that the provisions of SB863 relating to admissibility of non MPN reports pertains to all existing cases.
In the recent case of Eun Jae Kim v. B.C.D. Tofu House, Inc. the Workers Compensation Appeals Board held that the defendant has the available remedy of an expedited hearing on the matter of compelling an injured worker to treat within its MPN during the delay stage of a claim.
Based on the recent decisions, as well as the legislative intent of SB863 it becomes clearer than ever that exercising medical control during the start of a claim is essential in having proper management of a claim.
By Michael J. Costello, Managing Partner, Continuing Education