by gaiassoul1@yahoo.com on Mon Feb 14, 2011 4:42 pm
1. Employer notice of MPN at the time of hire or 30 days prior to the inception of the MPN.
2. Employer notice of applicant right to opt out of MPN at time of hire or 30 days prior to the inception of the MPN, by allowing the applicant the right to predesignate their personal physician.
3. Proof the applicant received it, cannot just be a bulk mailing.
4. Labor Code 3550 Compliant poster - achieved either via testimony or photos.
5. Insurer notice at the time of injury.
Absent all that a transfer of care notice into the MPN copied to the applicant, the applciant's attorney and the primary treating physician.
All notices MUST be in English and Spanish. The notices have to meet about a dozen requirements which you can develop a check list for out of LC 4610.
What you want to read -
LC 4610, CCR9782, CCR 9767.12. Guereca v. LSG Sky Chefs), ADJ 476925 (MON 0355919) [panel decision, 6/4/09] , Knight vs. UPS, Babbit v. Ow Jing (2007) 72 CCC 70, Lane v. Big Lots, (2008) 36 CWCR 254, 2008 Cal. Wrk. Comp.