California Supreme Court Rules Out-of-Network Medical Reports Admissible in Workers’ Comp CasesBy Kenton Koszdin Law Office on December 2, 2013 | In Workers Compensation News
The California Supreme Court recently ruled that medical reports made by out-of-network doctors can be used as evidence in workers’ compensation cases in California.
The case heard by the California Supreme Court involved a worker who was injured when she fell while at work. She was first seen by a doctor in her employers’ medical provider network, but when she found she was unsatisfied with the care that doctor provided, she switched to an out-of-network doctor recommended by her attorney.
When the worker sought temporary disability workers’ comp benefits, her employer argued that her doctor’s medical reports were not admissible because the doctor was out of network. However, the judge disagreed, ruling that the records were admissible whether or not the doctor was out of network.
Although the workers’ compensation appeal board reversed that initial decision, the California Court of Appeal and California Supreme Court upheld it. Both of these higher courts found that barring out of network medical reports would effectively prevent workers from seeking medical treatment from any doctor they chose at their own expense, and that state law does not require medical reports to come from in-network providers.
At the Kenton Koszdin Law Office, our experienced southern California workers’ compensation attorneys have fought to help hundreds of Californians injured on the job to get the workers’ compensation benefits they deserve. To learn more about your legal rights and options under workers’ comp in our state, call our office today at (800) 438-7734 for a free and confidential case evaluation.