Cal. Code Regs. tit. 8 § 9768.10

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 9768.10 - Independent Medical Review Application (Form)

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Instructions for MPN Contact: At the time of the selection of the physician for a third opinion, you are required to notify the covered employee about the Independent Medical Review process and provide the covered employee with this "Independent Medical Review Application" form. You are required to fill out the "MPN Contact section" of the form. You must then send the form to the employee, who will fill out the top section of the form and send it to the Division of Workers' Compensation. The DWC will send you written notification of the name and contact information of the Independent Medical Reviewer. You must then send the employee's relevant medical records as defined by section 9768.1(a)(11) to the Independent Medical Reviewer. A copy of the medical reports must also be sent to the employee.

Instructions for Injured Employee: This application is being sent to you because you have requested a third opinion to address your dispute with your treating doctor's diagnosis, suggested test, or suggested medical treatment. Please wait until you read the report from the third opinion doctor before you fill out this form. If the report resolves your dispute, then you do not need to fill out this form. If you still have a dispute with your treating doctor, then you may request an Independent Medical Review by completing this form and sending it to:

Dept. of Industrial Relations

Division of Workers' Compensation

P.O. Box 71010

Oakland, CA 94612.

An Independent Medical Review is done by a physician who does not work directly with your doctor. You can visit that doctor and be examined or you can choose to have the doctor review your records. Indicate on the form whether you want to be examined (in-person examination) or if you only want to have your records reviewed.

The specialty of the doctor will be the same as the specialty of your treating physician, if possible. Not all types of doctors can be an Independent Medical Reviewer. You may select another type of doctor in case your doctor's specialty is not available. To do this, look at the list of specialists below and chose one type. Indicate this choice on the application. You will receive the name and contact information of the Independent Medical Reviewer from the Division of Workers' Compensation. When you receive the name of the Independent Medical Reviewer, you must make an appointment within 60 days. The Independent Medical Reviewer is required to schedule an appointment with you within 30 days. If you fail to make the appointment with the Independent Medical Reviewer within 60 days, you will not be allowed to have an Independent Medical Review on this dispute.

Written notice must be made to the Administrative Director and MPN Contact if you wish to withdraw the request for an Independent Medical Review after this form has been submitted.

SPECIALTY CODES

MAIAllergy and Immunology
MAAAnesthesiology
MRSColon & Rectal Surgery
MDEDermatology
MEMEmergency Medicine
MFPFamily Practice
MPMGeneral Preventive Medicine
MHDHand -- Orthopaedic Surgery, Plastic Surgery, General Surgery
MMMInternal Medicine
MMVInternal Medicine -- Cardiovascular Disease
MMEInternal Medicine -- Endocrinology Diabetes and Metabolism
MMGInternal Medicine -- Gastroenterology
MMHInternal Medicine -- Hematology
MMIInternal Medicine -- Infectious Disease
MMOInternal Medicine -- Medical Oncology
MMNInternal Medicine -- Nephrology
MMPInternal Medicine -- Pulmonary Disease
MMRInternal Medicine -- Rheumatology
MPNNeurology
MNSNeurological Surgery
MNMNuclear Medicine
MOGObstetrics and Gynecology
MPOOccupational Medicine
MOPOpthalmology
MOSOrthopaedic Surgery
MTOOtolaryngology
MAPPain Management -- Psychiatry and Neurology, Physical Medicine and Rehabilitation, Anesthesiology
MHAPathology
MEPPediatrics
MPRPhysical Medicine & Rehabilitation
MPSPlastic Surgery
MPDPsychiatry
MRDRadiology
MSYSurgery
MSGSurgery -- General Vascular
MTSThoracic Surgery
MTXToxicology - Preventive Medicine, Pediatrics, Emergency
MUUUrology
PODPodiatry

DWC Form 9768.10

May 2007

Cal. Code Regs. Tit. 8, § 9768.10

1. New section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-31-2004 order, including amendment of section heading and section, transmitted to OAL 4-29-2005 and filed 6-10-2005 (Register 2005, No. 23).
3. Change without regulatory effect amending form filed 10-18-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 42).
4. Change without regulatory effect amending section filed 5-23-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 21).

Note: Authority cited: Sections 133 and 4616, Labor Code. Reference: Sections 4616.3 and 4616.4, Labor Code.

1. New section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-31-2004 order, including amendment of section heading and section, transmitted to OAL 4-29-2005 and filed 6-10-2005 (Register 2005, No. 23).
3. Change without regulatory effect amending form filed 10-18-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 42).
4. Change without regulatory effect amending section filed 5-23-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 21).