Newsline No. 51-12  
November 6, 2012  

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DWC posts draft SB 863 regulations for SJDB voucher regulations and for physician predesignation and chiropractic primary treating physician regulations

The Division of Workers’ Compensation has posted two sets of draft regulations implementing SB 863 to its online forum for public comment: the Supplemental Job Displacement Benefit (SJDB) voucher regulations and the physician predesignation and chiropractic primary treating physician regulations.

Members of the public will have 10 days to review and comment on the draft regulations. The proposed regulations revise existing regulations to conform to the workers’ compensation reform bill signed earlier this year by Gov. Brown.

The SJDB voucher regulations include a proposed “Physician Report of Permanent and Stationary Status and Work Capacity” form, and optional “Description of Employee’s Job Duties” form, and make other revisions and additions to the current SJDB regulations to conform to the requirements of SB 863.

The predesignation regulations provide that an employee may, if they meet other specific requirements, predesignate a personal physician if they have health care insurance for nonoccupational injuries.

The regulations concerning the limitations on chiropractors serving as an injured employee’s treating physician provide that a chiropractor shall not be a treating physician after the employee has received the 24 chiropractic visits allowed by the Labor Code, and define a “chiropractic visit” as any chiropractic office visit, regardless of whether the services performed involve chiropractic manipulation or are limited to evaluation and management.

Finally, the regulations provide that an employer may file a petition for an order from the Administrative Director directing an employee to select a new primary treating physician once they have received the 24 chiropractic visits allowed by the Labor Code.

The forum can be found by clicking the “current forums” link on the top of the DWC forums page.

Comments will be accepted at the forum through Nov. 16, 2012. Please feel free to participate in this important process.

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