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  1. #11
    Join Date
    Feb 2007

    Default Re: Doctors Appointment

    yeah... SH does have alot of these days.
    in 2003 the court did limit the payment to the pre-permanent and stationary period (dept of rehab v WCAB -Lauher). make up your mind.
    If an IW has been released to return to work, MMI, there are no longer TTD benefits paid...the IW is not "disabled".
    The IW is seeking treatment...NOT the employer, the employer's insurer, the administrative director, the appeals board, or a workers' compensation administrative law judge,, as SH has provided and defined in 4600.

    it's long been decided that the labor code requirement for the employer to provide treatment fulfills the requirement and applies to all the costs outlined in 4600.
    ok.... post the authority. There is no reference in 4600 to wage loss being paid by carrier, or employer once an EE has returned to work and continues to seek treatment.
    we've had this dispute before and you are still wrong.
    You like to throw that around... but you have nothing to back up your opinion.

  2. #12
    Join Date
    Feb 2017

    Exclamation Re: Doctors Appointment

    Quote Quoting .SH View Post

    LC 4600:

    (e) (1) When at the request of the employer, the employer's insurer, the administrative director, the appeals board, or a workers' compensation administrative law judge,the employee submits to examination by a physician, he or she shall be entitled to receive, in addition to all other benefits herein provided, all reasonable expenses of transportation, meals, and lodging incident to reporting for the examination, together with one day of temporary disability indemnity for each day of wages lost in submitting to the examination.

    Actually you are wrong - the Labor Code section you reference is when the appointment is for a med legal evaluation (QME). This is usually a one time evaluation and the only exception to benefits paid for medical appointments. If you have a doctor's appointment for a non-industrial issue, most employers don't offer paid time for work missed due to the appointment. You either use accrued sick, vacation or PTO or it is unpaid time away from work. Workers' Compensation injuries don't afford special treatment compared to non-industrial injuries or illnesses.

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