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The employers of the State of California are required
by LC 3700 to provide workers’ compensation insurance, or certify to
be self-insured by the California Division of Workers’ Compensation.
Employers are required to release the name and address of their
insurance coverage to the treating doctor, upon request (CCR 14401).
Failing to provide such information is a violation of LC 3711 and 3715
and the employer is deemed to be illegally insured if they refuse or
fail to provide proof of coverage upon request. Employers who fail to
secure insurance for their employees are subject to fines and
penalties. Injured employees from noninsured employers can have their
medical bills and all other benefits paid under the State of
California Uninsured Employer’s Fund. ACUPUNCTURISTS AS PRIMARY TREATING
PHYSICIAN
Labor Code 4600
Medical, surgical, chiropractic, acupuncture, and
hospital treatment, including nursing, medicines, medical and surgical
supplies, crutches, and apparatus, including orthotic and prosthetic
devices and services, that is reasonably required to cure or relieve
from the effects of the injury shall be provided by the employer. In
the case of his or her neglect or refusal to reasonably do so, the
employer is liable for the reasonable expense incurred by or on behalf
of the employee in providing treatment. After 30 days from the date
the injury is reported, the employee may be treated by a physician of
his or her own choice or at a facility of his or her own choice within
a reasonable geographic area. However, if an employee has notified his
or her employer in writing prior to the date of injury that he or she
has a personal physician, the employee shall have the right to be
treated by that physician from the date of injury. If an employee
requests a change of physician pursuant to Section 4601, the request
may be made at any time after the injury, and the alternative
physician, chiropractor, or acupuncturist shall be provided within
five days of the request as required by Section 4601. For the purpose
of this section, “personal physician” means the employee’s regular
physician and surgeon, licensed pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code, who
has previously directed the medical treatment of the employee, and who
retains the employee’s medical records, including his or her medical
history.
PREDESIGNATION OF ACUPUNCTURIST
Labor Code 4601
(a) If the employee so requests, the employer shall tender the
employee one change of physician. The employee at any time may request
that the employer tender this one-time change of physician. Upon
request of the employee for a change of physician, the maximum amount
of time permitted by law for the employer or insurance carrier to
provide the employee an alternative physician or, if requested by the
employee, a chiropractor, or an acupuncturist, shall be five working
days from the date of the request. Notwithstanding the 30-day time
period specified in Section 4600, re request for a change of physician
pursuant to this section may be made at any time. The employee is
entitled, in any serious case, upon request, to the services of a
consulting physician, chiropractor, or acupuncturist of his or her
choice at the expense of the employer. The treatment shall be at the
expense of the employer.
(c) If an employee requesting a change of physician pursuant to
subdivision (a) has notified his or her employer in writing prior to
the date of injury that he or she has a personal acupuncturist, the
alternative physician tendered by the employer to the employee, if the
employee so requests, shall be the employee’s personal acupuncturist.
For the purpose of this article, “personal acupuncturist” means the
employee’s regular acupuncturist licensed pursuant to Chapter 12
(commencing with Section 4930) of Division 2 of the Business and
Professions Code, who has previously directed treatment of the
employee, and who retains the employee’s acupuncture treatment
records, including his or her acupuncture history.
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Cut at perforation above and turn in to YOUR Human Resources/
Personnel Department
Employer: ________________________________________________________
Attention: Human Resources/ Personnel Dept.
Employee: _______________________________________________________
This notice serves that if, during the course of employment, I
experience an industrial injury, I hereby request to be examined and/
or treated by my personal acupuncturist as designated below:
I, _________________________, hereby designate Ann Pham-Ward, L.Ac.,
located at 671 Naomi Avenue, Arcadia, California 91007 to be my
“Personal Acupuncturist” pursuant to Labor Code 4601.
Employee Signature: ____________________________ Date: ____________
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