Yesterday, we looked at some of the recent changes imposed by the California Division of Workers’ Compensation. Today, we’ll look at some more of the new rules relating to medical provider networks (MPNs). We’ll also tell you about a webinar tomorrow that you won’t want to miss.
Written MPN employee notifications. You must provide a complete written MPN employee notification to covered employees at the time of injury or when an employee with an existing injury begins treatment under the MPN. You should also post this notice next to your “Notice to Employees—Injuries Caused by Work” poster.
Our Checklist for Compliant MPN Employee Notifications, available to CEA Online subscribers, can help you make sure you include all of the required information.
How to reduce your risks concerning return-to-work decisions—webinar Wednesday!
Termination, cessation of use, or change of MPN notices. You must provide each injured covered employee written notice of the date of termination or cessation of use of the MPN. The written notice should be provided to injured covered employees before the effective date of termination or cessation of use. If you change your MPN coverage to a different MPN, you must provide every injured covered employee with written notice before the effective date of the new coverage.
Independent medical review notices. At the time a physician is selected for a third opinion, you must notify the employee about the independent medical review process.
The workers’ comp adjuster says “case closed.” But is it? Join us for an in-depth webinar this Wednesday, the 26th, and find out.
Additional Changes
The amendments also:
- eliminate the MPN implementation and change-of-MPN notice period
- allow electronic distribution of MPN notices
- reduce the distribution of MPN notices to only injured workers
- require an MPN contact email address in notices
- require MPN notices to be in Spanish only if there are Spanish-speaking workers
Workers’ Comp: Adjuster Says “Case Closed!” But Is It? Reduce Your Risks Concerning RTW Decisions
You get a letter from the workers’ comp claims adjuster stating that if you can’t provide modified duty to your injured employee, then the insurance company will settle the claim and get a compromise and release (C&R).
Great. Settling the case means you can put your obligations to rest if you can get the worker to agree to “voluntarily” separate from employment.
In that case, you’ll be done with him or her forever, right? Not exactly. Just ask the countless employers who’ve been sued for violating the state and federal anti-disability-bias laws for not properly recognizing—and addressing—the legal risks stemming from their return-to-work decisions.
Employers in California are particularly vulnerable, as the state Fair Employment and Housing Act (FEHA) requires a timely, good-faith interactive process before making a return-to-work decision. That’s why disability discrimination claims lead all categories of charges in the state, and California has a significantly higher percentage of disability discrimination claims than in the rest of the country.
Join us tomorrow for an in-depth, 90-minute webinar, specifically for California employers, on how to tell what your obligations really are once the claims adjuster tells you the workers’ comp case might soon be closed.
Through a series of real-life scenarios, you’ll learn:
- How to interpret lingo like “permanent and stationary,” “work restrictions,” “modified or alternative work,” and more
- Recent—and costly—examples of California employers that have done the wrong things when addressing reasonable accommodation issues, including how not to make those same mistakes
- How to properly interpret what the comp adjuster is saying to you, and the potential legal consequences you could face if you don’t properly handle your obligations
- Why your policy on the maximum amount of medical leave you’ll allow could land you in legal hot water
- Key misconceptions about the closure of claims and what the C&R really releases
- How to analyze whether you can accommodate an injured worker with a regular, modified or alternate position—so you’re in check with California workers’ comp law and ADA/FEHA
- The two things you absolutely need for your interactive process to be truly effective and legally compliant.
Get your free copy of Training Your New Supervisors: 11 Practical Lessons now!