Amended California Senate Bill 863 Applauded For Allowing Compensation To Primary Treating Physicians For Patient Medical Record Reviews

The California Department of Workers Compensation (DWC) has amended SB863 to allow PTP’s to again be compensated for the review of patients’ medical records. The law is considered a big win for injured workers across the state.

The Workers’ Compensation Attorney Group applauds amended legislation to SB863, a controversial bill passed in 2012, which eradicated primary treating physicians (PTP’s) to be compensated for time spent reviewing new patients’ medical records. Now that PTP’s are being compensated for medical records reviews, the quality of injured workers’ medical care is expected to increase.

SB8663 was considered to be a sweeping piece of legislation intended to improve the workers’ compensation system in California. Legislators claimed the bill would prevent waste, improve medical care and of course, save money.

SB863 was hotly contented piece of legislation, for many reasons. One of which was it took away the ability for PTP’s to be compensation for reviewing incoming patients’ medical records. The problem it created was PTP’s were expected to do hours of work with no compensation. PTP’s refused to do the work as a result of not being compensated.

The net result of this change in legislation was simple. Applicant attorneys were not able to attain vital medical reports from the PTP‘s treating their clients. This resulted in PTP’s being unable to establish medical evidence of injuries, treatment recommendations and declaration of vital work restrictions that are necessary to prevent further injury to already inured workers.

A representative from the Workers’ Compensation Attorney Group said “this is win for injured workers across California, SB863 was a controversial piece of legislation that denied injured workers and their lawyers the ability to recover the medical and financial benefits owed to them under the California workers comp system.”

The representative from the Workers’ Compensation Attorney GroRup went on to say “SB863 has been a disaster for injured workers in the state of California, this is a small victory for the injured workers’ in California to getting many of the rights they were stripped of in 2012”

Prior to the passage of SB863 in 2012 PTP’s and any secondary treating physicians were compensated for reviewing all medical records and time producing much needed medical reports applicant lawyers used to help injured workers get essential medical treatment.

The Workers’ Compensation Attorney Group is hopeful that many other unfair pieces of SB863 will be overturned, especially the eradication of injured workers being able to be compensated for permanent disability caused by psychological stress claims in the workplace.

Prior to SB863 California workers who had suffered any psychological injuries at work were able to recover permanent disability benefits for their injury. SB863 took this away from 90% or more of these claims by denying injured workers the right to permanent disability compensation for their injury. While SB863 still allows for medical treatment for such injuries, it is considered to be discriminatory to people who suffer such injuries. A spokesperson from the Workers’ Compensation Attorney Group said “we hope this recent change on policy will spill over and cause a domino effect in the broken system and allow for injured workers to be compensated for psychological injuries suffered in the workplace.”

SB863 has been the center of a firestorm of criticism since it passed in 2012, but inured workers, PTP’s and Applicant Attorneys see this as a pivot in the right direction.

The Workers’ Compensation Attorney Group, which is comprised of several workers’ compensation attorney across Los Angeles offers free initial consultations to the public and has a no win, no fee guarantee, which means if they do not win the client’s case, the client pays nothing.

Contact Info:
Name: Ray Gross
Email: Send Email
Organization: Philadelphia Work Injury Attorney Group
Address: 355 S Grand Ave #2450
Phone: 323-601-1159

Release ID: 199437