request for IMR under an MPN Chiropractor as Labor Code § 4600 DWC/WCAB Prohibits a chiropractor This does not precisely treating physicians from being a track the definition of “treating physician” after the treating “primary maximum number of physician” under Labor visits allowed under Labor Code § 4061.5. The Code § 4604.5(d). (Note DWC will need to revise incorrect statutory the definition of PTP in reference) 8 CCR § 9785(a)(1). But isn’t the issue whether The statutory language after 24 visits (or however raises the question of many more authorized by whether a chiropractor the claims administrator) can continue to be the the chiropractor is the treating physician if the treating physician payer authorizes primary (PTP) and not simply a additional visits. treating physician? It would seem that the PTP The statutory language as defined in Labor Code also raises the issue of § 4061.5 and 8 CCR § whether a chiropractor 9785 does not lose that can continue to be the status once his or her PTP and “primarily ability to treat is ended by responsible” for the care operation of Sec. 4604.5. of the injured worker Indeed, 8 CCR § after the visit cap has 9785(a)(1) only requires been reached. the PTP to examine the injured worker least “at
request for IMR under an MPN Chiropractor as treating physicians Labor Code § 4600 DWC/WCAB Prohibits a chiropractor from being a “treating physician” after the maximum number of visits allowed under Labor Code § 4604.5(d). (Note incorrect statutory reference) But isn’t the issue whether after 24 visits (or however many more authorized by the claims administrator) the chiropractor is the primary treating physician (PTP) and not simply a treating physician? It would seem that the PTP as defined in Labor Code § 4061.5 and 8 CCR § 9785 does not lose that status once his or her ability to treat is ended by operation of Sec. 4604.5. Indeed, 8 CCR § 9785(a)(1) only requires the PTP to examine the injured worker “at least This does not precisely track the definition of “primary treating physician” under Labor Code § 4061.5. The DWC will need to revise the definition of PTP in 8 CCR § 9785(a)(1). The statutory language raises the question of whether a chiropractor can continue to be the treating physician if the payer authorizes additional visits. The statutory language also raises the issue of whether a chiropractor can continue to be the PTP and “primarily responsible” for the care of the injured worker after the visit cap has been reached.
SB863_ImplementationGuidev11072012.docx